We lost our relative this morning (15 december 15)
I Sudhir would like to inform you that, we have lost our relative today morning due to carelessness of a renowned hospital in Gurgaon.
first of all we want to know that what can i do immediately before funeral. is post mortem and police complain is require.
Asked in Civil Law from Gurgaon, Haryana
1) post mortem would be necessary if you suspect foul play .
2) obtain your relative medical records from hospital . it would mention cause of death , treatment given to your relative
3) show the medical records to another doctor obtain his written opinion whether there was any negligence on part of hospital
4) then only file police complaint
If you have evidence to prove the negligence of the hospital wherein he was undergoing the treatment then a criminal case for death by negligence against the hospital and doctors who treated him. This apart, a lawsuit to claim compensation can also be filed by his heirs. There has to be strict evidence which can show that death was due to the negligence of the hospital. You can file a FIR in the nearest police station.
Thanks for revert.
is there any time limit to file FIR, lawsuit or complain to consumer forum. If yes, please tel me the time limit.
Asked 1 year ago
1) you should file FIR as soon as possible
2) you can file complaint with consumer forum and seek compensation within period of 2 years
Forget about the time limit. Even a single day's delay in the filing of the complaint is to be satisfactorily explained in the court. So do not delay if you have evidence to prove negligence,
Fir must be filed immedeately after the incedent. It is medical negligence case so post martem is not necessary. Take all the history of patient and file a complai t before consumer forum. This is the swiftest mode of procedure to get appropriate remedy.
If doctor finds guilty of medical negligance then you will get compensation. On the basis of judgment you may file criminal case under section 304 A IPC
After getting post mortem of the body, secure the report and also lodge a police complaint against the hospital and get a FIR registered.
at a later stage you can first issue a legal notice to the hospital claiming compensation for medical negligence.
On not getting a reply or a proper response, you may initiate a legal proceedings through consumer forum seeking redressal of grievances and also compensation for the deficiency of services due to which you have suffered physical as well mental losses.
The time limit for filing a consumer complaint is two years from the date of incidence.
Hi, first you have to lodge a police complaint against Hospital and ask the police department to postmortem the body to know the cause of the death.
2. Thereafter you can lodge a complaint in consumer forum for deficiency of cervices and also lodge a complaint in State Medical council against the Doctor and Hospital.