• Medical negligence

This is regarding my mother, who died on 26th April due to heart attack after few days post KNEE replacement surgery in hospital itself. I believe this is a clear case of negligence and hence wants to file a case against hospitals and doctors. The reason of my belief are as
1. When we planned for knee replacement, doctor dint informed about any such risk, which can be life threatening.
2. After the surgery, she developed symptoms of DVT, for which she should have been diagnosed and should have been treated immediately, but doctors were not able to diagnose.
3. After the heart attack, she was not shifted to cardiac ICU, rather they took her to normal ICU where there were no heart specialist. even though this hospital is claiming to be pioneer in heart disease. In spite of repeatedly asking me and my Dad to call upon any specialist, they called a Physician MD and they said this doctor also takes care of heart patient. This doctor was no where listed as cardiac specialist and also later on when i wanted to confirm about this doctors from other staff, they said he is not heart specialist, rather there is separate team.
4. After all this happened, i wanted to get all the medical records and wanted have a discussion to understand what had happened, they provided partial records and arranged a meeting, but were not able to provide any answers to my questions. 
5. After sending m lots of mails and reminder, they send me a mail of allegation stating I am harassing to hospital's personnel and then stopped responding me. 
6. I have all the mail communications and audio recording of that discussion, which i created to record my own statement and questions asked.
7. While meantime, i consulted to another heart specialist (MD, DM), and he also VERBALLY confirmed that there had been clear case of negligence. 
8. I would like to know what i can do in this case and what would be the prosudure and what is the probability to win the case??

Asked 2 years ago in Criminal Law from Navi Mumbai, Maharashtra
Religion: Hindu
You should first secure the records of all the treatment given to your mother and the record of her previous illness.
Treatment particulars right from the date of admission till her last breath in the hospital.
Have a second opinion from an expert doctor on this treatment and also about your mother's disease and th negligence by the hospital which treated her now. There is no denying fact that the human life is precious and the persons responsible for the medical negligence has to be properly punished.

Dr. Kunal Saha's case decided by Supreme court:
Dr Kunal Saha was a doctor in the United States and came to India with his wife, Anuradha, in April 1998. She
complained of fever and itching and was treated by Dr Sukumar Mukherjee and later at the AMRI hospital in
Kolkata. Her condition deteriorated and she was taken to the Breach Candy Hospital in Mumbai, where she
passed away in May 1998. It was established that the doctors and the hospital had been negligent. Kunal filed
for civil compensation of almost Rs.100 crores in the consumer court – National Consumer Dispute Redressal
Commission (NCDRC) – and after a 15 year legal battle was awarded Rs. Six crores plus interest by the
Supreme Court of India in October 2013. 

It is difficult to define ‘just compensation,’ however, in Sarla Verma’s case
the Supreme Court discussed it.

with a lot of clarity and precision. However, it still is open to interpretation. It was observed:
 “Compensation awarded does not become 'just compensation' merely because the Tribunal considers
it to be just…Just compensation is adequate compensation which is fair and equitable, on the facts and
circumstances of the case, to make good the loss suffered as a result of the wrong, as far as money can
do so, by applying the well settled principles relating to award of compensation. It is not intended to be
a bonanza, largesse or source of profit…Assessment of compensation though involving certain
hypothetical considerations, should nevertheless be objective. Justice and justness emanate from
equality in treatment, consistency and thoroughness in adjudication, and fairness and uniformity in the
decision making process and the decisions”

Medical negligence by doctors and hospitals, once established by the trial court, very well conveys that the
conduct of the medical professionals – doctors, hospital administration, other hospital staff, etc. – was not upto
the mark and hence, they must be held liable for deficiency in service, as entailed in the consumer law in India.12
What was the degree of this deficiency depends on the degree of negligence, which can either be slight, normal,
or gross. If the negligence was gross, it almost borders with intentional conduct which may be even penalised
under the criminal law of the country, however, under the civil law for award of compensation, the quantum has
to be determined by the consumer courts. 
T Kalaiselvan
Advocate, Vellore
36746 Answers
403 Consultations

5.0 on 5.0

The Medical Council of India has imposed an obligation on Hospitals as per the
regulations notified on 11th  March 2002, amended up to December 2010 to maintain the
medical record and provide patient access to it. These regulations were made in exercise of
the powers conferred under section 20A read with section 33(m) of the Indian Medical
Council Act, 1956 (102 of 1956), by the Medical Council of India, with the previous approval
of the Central Government, relating to the Professional Conduct, Etiquette and Ethics for
registered medical practitioners, namely:­
Maintenance of Medical Records: 
1.3.1. Every physician shall maintain the medical records pertaining to his/her
indoor patients for a period of three years from the date of commencement of the
treatment in a standard proforma laid down by the Medical Council of India and
attached as Appendix 3. 
1.3.2.  If   any   request   is   made   for   medical   records   either   by   the
patients/authorised attendant or legal authorities involved, the same may
be duly acknowledged and documents shall be issued within the period of
72 hours.

2) complain to medical council against hospital and doctor who treated your daughter 

3) also file police complaint against doctor and hospital 

4)also move consumer forum and seek compensation for negligence of Doctor 
Ajay Sethi
Advocate, Mumbai
46626 Answers
2757 Consultations

5.0 on 5.0

1. It apparently seems that your mother was a victim of medical negligence. If you have all the reports from the time of her admission to hospital till her death, the treatment given, the medicines injected, etc., take a second opinion from medical experts. If they confirm your suspicion take a written statement from them and then issue a legal notice and file a complaint in the consumer court for compensation. 

2. Furthermore, a death resulting due to medical negligence is also a criminal offence carrying an imprisonment of up to 2 years. So you can also file a criminal case of death due to negligence against the hospital management and the doctors who treated your mother.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

Since this case appears to be a case of medical negligence, you can very well file the same in the consumer forum.
However it would be better if you file the same along with medical report of another doctor to prima facie establish the case of medical negligence.
Without perusing the contents of the case, I can not comment on the merit of the case or its outcome.
Devajyoti Barman
Advocate, Kolkata
13110 Answers
174 Consultations

5.0 on 5.0

1) you need written opinion of doctors that there was medical negligence in treatment of your mother 

2) then file police complaint against the doctors for medical negligence 

3) file claim before consumer forum and seek compensation against the negligent doctors
Ajay Sethi
Advocate, Mumbai
46626 Answers
2757 Consultations

5.0 on 5.0

Considering, I need a clarification
1. Considering above scenarios, still, can i proceed with this case??
2. If YES, then can I get a reference of doctors or any advocate, who can help me on this case.
3. I will prefer such consultant in Mumbai or who CAN provide his/her consultation services in Mumbai.

It is good to learn that some doctors have given a proper opinion to your query. 

It is a fact that the doctors who are busy with their practice may not give their opinion in writing for the reason  that do not want to get struck with the legal tangles that the proposed case may involve.

In my opinion you should catch hold of an advocate who can get your job done easy by he himself arranging for an opinion through any known doctor.

T Kalaiselvan
Advocate, Vellore
36746 Answers
403 Consultations

5.0 on 5.0

1. You seem to have a valid cause of action for medical negligence, and it is a fit case for proceeding criminally against the medical practitioners and also filing a civil suit for compensation.

2. Mr.Ajay Sethi from Mumbai is on this portal. You may contact him.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

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