This is a case of medical negligence and has remedies in law by way of punishment to the medical attendant/physician if found to have involved in the alleged offence and to claim compensation fro the hospital authorities for this act of medical negligence.
The three ingredients of negligence are as follows:
The defendant owes a duty of care to the plaintiff
The defendant has breached this duty of care.
The plaintiff has suffered an injury due to his breach.
And in case of medical negligence mostly the doctor is the defendant. Negligence is predominantly a theory of liability concerning allegations of medical malpractice, making this type of litigation part of the Tort Law.
Certain conditions must be satisfied before liability can be considered. The person who is accused must have committed an act of omission or commission; this act must have been in breach of the person’s duty; and this must have caused harm to the injured person. The complainant must prove the allegation against the doctor by citing the best evidence available in medical science and by presenting expert opinion. In your case you have the report of FDA 's opinion with reference to the medicine administered to the patient which is against the treatment given by the doctor to your daughter.
Indian Penal Code 1860 sections 52, 80, 81, 83, 88, 90, 91, 92 304-A, 337 and 338 contain the law of medical malpractice in India.
A physician can be charged with criminal negligence when a patient dies from the effects of administration of wrong medicines if it can be proved that the death was the result of malicious intention, or gross negligence.
Gross Lack of competency or gross inattention, or wanton indifference to the patient’s safety, which may arise from gross ignorance of the science of medicine and surgery or through gross negligence, either in the application and selection of remedies, lack of proper skill in the use of instruments and failure to give proper attention to the patient.
You can take a second opinion form a skilled doctor and proceed with criminal complaint as well as a complaint with the consumer forum seeking compensation for the loss and deficiency of service due to medical negligence.