• Criminal medical negligence

My doctor was poisoned to death my a doctor in a leading corporate hospital in chennai. The event is nothing short of a murder for gain. The crux of the matter I took my mother hospital for severe left ear pain. First level of contact for direct walk-in without doctor's appointment in that hospital is emergency center. The emergency doctor examined her and registered her case under an Hematologist Dr Prabu though she came for ENT problem (because as per medical file she is his patient, who had previously undergone treatment for hematological disorder). The Hematologist referred ENT who examined my mother and did not report any major problem and gave some pills for pain relief and he was out of scene. Dr Prabu insisted us stay for 1-2 days till the pain subsides. He prescribed even heavier pain killers like morphines apparently to extend her stay and complicate things and after which he had not visited my mother for next 4 days. All these days only killers were given. My mother and I insisted for discharge to junior doctors of Dr Prabu and they said discharge can be done only Dr Prabu as per their protocol and he is not availble currently. Only on 5th day of admission Dr Prabu came  to visit my mother and at that time mother had slight slurring because of all these days heavy pain killers. He immediately terrorized us that she had got stroke. Since he is suspecting bigger condition like stroke, I gave consent for MRI scan. In scan result, the brain is normal ruling out stroke. Scan showed a lesion in the  right Maxillary sinus and told the radiologist that it is a known condition for which biopsy undertaken few years back and the result is non-malignant. Since her ear pain also subsided to greater extent and sensing that he is also complicating things we immediately demanded discharge. The day was friday and he said he will do it tomorrow. But without our knowledge he had injected through IV  her  deadly lethal poisonous drug Amphotericin B  which is meant for deadly invasive fungal infection Mucor and this drug should be used for clearly identified anti -fungal treatment (cost of treatment is few crores given it's lethal side effects) and for others it is deadly poison. He conned by mother that the IV drug is meant for subsiding pain. The next day having already started the Mucor treatment without our knowlege , he called me and said my mother had contracted Mucor without any credible evidence and if I  discharge her the infection will invade her all over body in 24 hours and she will die horribly. When questioned how did he found that he said that he had found from scan which shows lesion in sinus cavoty. Being non-medical person I myself know that the infection cannot be found with simple can and a biospsy culture is needed confirm fungal infection and also I told him it is a known condition and asked him to discharge her. He maintained stand it is Mucor based on gut feeling. After a lot of confrontation he said he will discharge on Monday. But past three days this deadly Mucor treatment was going on without our knowledge. From Monday she suddenly worsoned her kidney shutted, liver damaged, blood cells are dropping and he maintained the stand that the Mucor is killing her and I did n't believe. Unbelieving this, I went and demanded the detailed pharmacy bill indented on her behalf and found that Ampho-B drug of 200ml was going on last 3 days. I checked details about the drug and found it is drug for invasive fungal treatment with lot of drug protocols and it is has high mortality risk. Because of past 3 days dosage her condition became non-dischargeable.  He keep on telling me the fungal is doing all the damages. Now my option to disapprove the same only by taking a biopsy which is general anasthetic surgery. No Anesthetic came forward given her kidney shut down condition as surgery in this circunstances will lead to clinical coma. Everyday I had to bring 1 -1.5 lacs per day to give her life support. I vehemently begged and pleaded to stop the drug but keep on terrorizing me she will face a horror death within few hours if the treatment is stopped. I pleaded ENT doctor to do a biopsy surgery on her as only then I can disapprove the same. ENT doctor after taking a high risk consent did the biopsy surgery under deep sedation  as general anesthesia is unfit . The result came negative for fungal and severe left ear pain is only on account of just acute inflamation which will subside by time. Only then drug was stopped. Without any qualms with a smile he said it is misjudgment. By that time, we almost lost her and she went into coma and bill raised more than 15 lacs and I could not meet the sudden expenses and pleaded for few days eventhough I was bringing 1-.5 lacs   everday for past 10days  for no fault of us. Hospital authorities threaten to withdraw life support and other private hospitals are not willing to take her. So we took her to government hospital after spending more than 15 lacs for unwarranted treatment designed with ill intention and she died very next day.
I went to police station to lodge compliant against the doctor but he refused to take the compliant and said there cannot be compliant with the  doctor be entertained.
Can you advice us and all I want is justice.
Asked 3 months ago in Criminal Law from Chennai, Tamil Nadu
Religion: Hindu
1) you should call upon hospital to furnish complete medical records of mother treatment 

2) hospital is bound to furnish records within period of 72 hours

3) obtain second opinion of doctor that there was medical negligence on part of Doctor treating your mother 

4) file complaint against doctor before medical council 

5) file complaint before consumer forum against doctor and hospital fir medical negligence. And seek compensation, litigation costs 

6) if police refuse to register FIR file  complaint before magistrate under section156(3) of cr PC to direct police to investigate and submit report
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
1. An overwhelming percentage of doctors in India are criminals masquearding as medical practitioners who leave no stone unturned in opening the gates of death, as opposed to the basic duty of a doctor i.e to heal the pain of the patient. You had to lose your mother as you did not bother to obtain second opinion from another doctor. Be that as it may, 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 by the heirs of the deceased.

2. To prove negligence it has to be shown that the death was the immediate 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. 

4. Police cannot register the FIR unless a written opinion from other doctors is obtained. 

5. Consult a lawyer personally,
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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if you have proof that u have given complaint to the police complaint? if u dont have send a SPAD to the concerned police station. Get the AD card. File a Cr.O.P before the Honble High Court of Madras FOR REGISTER THE COMPLAINT
Advocate Buvaneswari
Advocate, Chennai
24 Answers
12 Consultations
4.4 on 5.0
It is a clear case of medical negligence. Lodge the F.I.R against the hospital and the doctor who treated her, send a copy of the complaint to the All India Medical Council, lodge a complaint against the hospital and the doctor of malpractices and gross medical negligence and over interference. 
You can file a consumer complaint against the hospital and the medical doctor who treated your mother, with all the proofs you can easily claim a total compensation of over 2.5 Crores. Hire a good advocate who is an expert in dealing with such medico-legal cases.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
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You can gather all the evidences. secure them, have a second opinion from another expert doctor, secure it and then file a consumer court case for medical negligence agaisnt the doctor.
You should not file any original documents before court at the the time of filing the case, 
You can produce them at the time of trial.

In Supreme Court of India
V. Kishan Rao vs Nikhil Super Speciality Hospital ... on 8 March, 2010
though the district consumer forum awarded the complainant the suitable compensation the state commission and the national commission had set aside the forum's judgment, however supreme court concluded that :
For the reasons discussed above, this Court holds that it is not bound by the general direction given in paragraph 106 in D'souza (supra). This Court further holds that in the facts and circumstances of the case expert evidence is not required and District Forum rightly did not ask the appellant to adduce expert evidence. Both State Commission and the National Commission fell into an error by opining to the contrary. This Court is constrained to set aside the orders passed by the State Commission and the National Commission and restores the order passed by the District Forum. The respondent no.1 is directed to pay the appellant the amount granted in his favour by the District Forum within ten weeks from date.

Thus, you can aproach consumer forum but be prepared with the expert's opinion too in this regard. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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