• Regarding medical negligence

Hye my father had a heartattack ,we had consulted a doctor  who told that is food poisioning and gives some medicines after 2 days when the condition is not getting suitable we have consulted another doctor he takes ecg and told that it is a normal chest infection and give some medicines which not suitable for heartattack patient ,after taking medicines 4 days my father condition was still not getting stable ,so i decided to go to another doctor, thier they have taken another ecg and declared that it was a heart attack and reffered to hospitalization ,in hospital doctors told they need stabalization for few days now ,and also told that it is better that you bring him back after 48 hours of  heart attack, after 5 days of hospitalization doctor told that he needs bypass surgery so we decided to go max hospital delhi for better treatment ,in delhi  they have operated my father but after few days my father got dead due to low heart function ,so i need ur advice in this case ,can i filed case against the doctors if yes then  where can i file case and compensation need to be claim against doctors,
Asked 4 months ago in Civil Law from Patna, Bihar
Hi
First of medical negligence has to be established .
If you believe there was a negligence so he died, do  take an opinion from a different doctor who is not in any connections with the hospital.
Learn what was the procedure went wrong.
Did you complaint to the hospital. How do you conclude the failure and negligence in service.
The complaint can be fu led.in aconsumer forum against the hospital.
Show your treatment papers and get a legal opinion. 
Your facts may be true but let the lawyer check if it is a fit case  to proceed with .
If you are filing a complaint can ask.compensation for loss affection ,fincial loss, mental agony etc.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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If you really think there was a negligence so he died, do  take an opinion from any other  doctor .
When your father died have you complaint to the hospital and if yes then you should hire one lawyer and send a legal notice regarding medical negligence and Also this complaint can be filed in consumer forum for compensation etc.
Sapna Seth
Advocate, Chandigarh
18 Answers
0 Consultations
4.0 on 5.0
1) firstly apply for and obtain medical records from hospital 

2) 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.

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.

4) on basis of medical records  consult another doctor . obtain his written opinion that there was negligence in treatment . 

5) you can lodge complaint with medical council of india against hospital and doctor . 

6) also lodge police complaint regarding negligence of hospital . police will send medical  report to govt hospital to check whether there has been negligence or not . based on opinion of govt doctors case would be registered.

7) you will have to file consumer complaint for deficiency in service and for compensation in Patna or delhi  within whose jurisdiction medical negligence occurred 
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
you have to file complaint before consumer forum and seek compensation for mental torture undergone by you . 

2) it has to be proved that there was medical negligence by doctors in treatment 

3) you have to calculate expenses incurred for your father medical treatment , travel expenses , other  expenses and then decide on figure of compensation 
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
1. Prima facie, it seems to be a case of medical negligence which has a two fold liability under the Indian law-civil and criminal. The doctors are liable to be prosecuted for negligence resulting in death which carries imprisonment up to two years on conviction, and they can also be sued for compensation.

2. To prove negligence it has to be shown that the death was the consequence of the lack of due care and attention on the part of the medical practitioner or the hospital, as the case may be, to find out whether rashness or negligence was involved.

3. The opinion of the medical board can also be sought by the court. 

4. You can claim any amount of compensation but the court will decide what sum of money will meet the ends of justice.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
after 5 days of hospitalization doctor told that he needs bypass surgery so we decided to go max hospital delhi for better treatment ,in delhi  they have operated my father but after few days my father got dead due to low heart function ,so i need ur advice in this case ,can i filed case against the doctors if yes then  where can i file case and compensation need to be claim against doctors,

You do not have any case against the doctor or the hospital if the patient failed to respond to the treatment given even after the surgery.
This cannot be considered as medical negligence.
If so, then there wont be any hospital nor any doctor will treat any patient with any serious disease/ailment.
So dont form such opinion that your father died due to medical negligence until you have valid prof to prove that the doctors neglected to take care of his life during treatment or have given wrong treatment for diagnosing wrong ailment.
Your intended legal action shall not be maintainable.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Hye my question is about the first two doctors who failed to diagnose the serious heart attack after taking ecg and did wrong treatment initally due to this my father have loss all the heart muscle , please  tell  how much compensation can be claimed and what is the procedure for that...

Failing to diagnose the correct ailment shall not be considered as medical negligence, it is their professional  incompetence or less knowledge.

What was the wrong treatment given  and whether the said wrong treatment cause his death?
Your opinion about this has no answer in law. 

If you still desire to pursue consumer case agaisnt the doctor who treated first, then you may have to collect concrete evidences to prove his negligence which should conform to the existing laws for medical negligence. 

Have a second opinion about medical negligence in this matter with another expertise doctor before you plan to contemplate legal action against the first doctor.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0

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