• Medical negligence

My Father has died due to Blood Vessel (Aorta) rupture during Laporoscopic Inguinal Hernia Surgery which is a very minor operation.

Regards,
Bharat Joshi
9819553811
Asked 3 months ago in Civil Law from Mumbai, Maharashtra
1) apply for and obtain your father medical records from the 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) 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.


4) consult a  reputed doctor and obtain his written opinion that there has been negligence by doctor performing operation in your father treatment 

5) lodge police complaint for negligence against the doctor and hospital wherein your father was hospitalised 

6) file complaint before consumer forum and seek compensation
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
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First of all you have to come out with a strong evidence that it was negligence of doctors performing operation. In such cases there are two types of liabilities; criminal ( causing death by rash and negligent act)as well civil (Torts). Due to certain procedure laid down by the apex court, it is very tough to fix criminal liability. To fasten liability in Criminal Law, the degree of negligence has to be higher than that of negligence enough to fasten liability for damages in Civil Law. A private criminal complaint may not be entertained unless the complainant has produced prima facie evidence before the Court in the form of a credible opinion given by another competent doctor to support the charge of rashness or negligence on the part of the accused doctor. The investigating officer , before proceeding against the doctor accused of rash or negligent act or omission has to obtain an independent and competent medical opinion preferably from a doctor in government service qualified in that branch of medical practice who can normally be expected to give an impartial and unbiased opinion. However you can claim compensation in tortious liability  
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
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Well, on the basis of such minuscule information it can not be said for sure whether there was any medical negligence or not.
Take help of a medical professional to find out whether any medical negligence occurred or not.
If indeed such negligence occurred then you can file case of damages in the consumer forum.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
Hi
1.  You should sue the medical team and the hospital which did the surgery in a consumer court for compensation and a  criminal complaint before the police to initiate an FIR
2. Get an expert advice of a doctor  on the report and hospital treatment documents of your father which are available to you.Based on the evaluation proceed to file a consumer complaint. 
3. Engage a lawyer to send notice seeking compensation and move to consumer court  with a consumer complaint
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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1. Medical negligence 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. If you have all the reports from the time of his admission to hospital till his death, the treatment given, the medicines injected, etc., take a second opinion from medical experts. If they confirm lack of due care then take a written statement from them and then avail your legal remedies 
Ashish Davessar
Advocate, Jaipur
18170 Answers
449 Consultations
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Do you suspect medical negligence, if so collect the details of treatment given to him, including diagnosis and medicines administered.


Take a second opinion from an expert doctor about the possibilities of medical negligence.

After that you may plan to initiate a consumer case for medical negligence if it is really a medical negligence case. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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1) you need second opinion of Doctor that there had been negligence in treatment of your father 

2) complaint in consumer forum is sufficient 

3) you should file complaint as soon as possible 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
The cause of death as per post mortem may be a clinching evidence, but it is always better to have a second opinion from a doctor, expert  in this field for taking up the prosecution.

In my opinion  a criminal complaint with police may not be maintainable and the complaint before the consumer forum shall be more effective than police, and if need be a complaint before the medical council of India may be taken up for exhausting the remedies, if any through that forum. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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