• Medical negligence

My son (3 Years) was admitted to one of the so called best hospitals in Bangalore for the treatment for Liver (Acute Liver faliure) all of his values were on the higher side, and for the day one the pediatrician was asking for a liver transplant, we underwent the liver transplant for the baby and since then he is not with us, once the operation procedure were completed he has never opened his eyes and the MRI done on the same day and the after three days were same, and they declared him as brain dead, and that was done because his temperature was falling down and we could observe the same on the monitor. We strongly believe that the proper treatment was not given to the kid to normalize the situation, and then carry out the transplant, actually he was on a ventilator before the operation and as per some of the doctors, the hospital has not diagnosed for the reason and stright away went for a transplant.
Can we file a case against the hospital for medical negligance ? Pleas advise
Asked 1 year ago in Civil Law from Saudi Arabia
1) obtain medical records of your son treatment from hospital 

2) you need written opinion of doctor that there was medical negligence in treatment of your son  

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

4) file claim before consumer forum and seek compensation against the negligent doctors
Ajay Sethi
Advocate, Mumbai
36417 Answers
2021 Consultations

5.0 on 5.0

he 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.
Ajay Sethi
Advocate, Mumbai
36417 Answers
2021 Consultations

5.0 on 5.0

1. well for medical negligence one can file case in consumer forum for compensation and damages.
2. However do obtain  a metaled report from a medical professional which is required to proof your case.
3. The forum can also institute a medical board to determine medical negligence. But you ave to establish the medical negligence prima facie.
Devajyoti Barman
Advocate, Kolkata
9908 Answers
119 Consultations

5.0 on 5.0

1. Medico Legal cases specialised matters and require strong evidence to allege negligence and pin down responsibility.

2. Your statement that you strongly believe that the proper treatment was not given to the kid to normalize the situation, and then carry out the transplant is not adequate. You shall have to prove your allegation with irrefutable evidence.

3. take the help of a medical practitioner and collect all the data and document in connection with your son's treatment/operation and find out where have they gone wrong which caused the death of your son.

4. After zeroing your  said search for the evidence, lodge a complaint before the Medical Council of India (MCI)  first against the said Doctor/Hospital seeking action against the guilty people.

5. If no action is taken by MCI (normally no action is taken against their fellow doctors for obvious reason), file a complaint case before the local District consumer Dispute Redressal Forum alleging deficency in service and unfair business practice claiming huge amount towards compensation and cost.

6. Being aggrieved by the order of the Consumer Forum, if you are, you can approach both State and National Consumer Commission and then Supreme court seeking justice.  

Krishna Kishore Ganguly
Advocate, Kolkata
15522 Answers
377 Consultations

5.0 on 5.0

1. Not obtaining second opinion from another medical practitioner can be fatal in case of health ailments which threaten the life of the patient, something people do not take seriously in this country.

2. Now coming to medical negligence, it 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.

3. 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.

4. If you are in possession of 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 in writing from medical experts as judges of courts of law are experts of law and not medicine. If the second opinion confirms lack of due care then take a written statement from them and then avail your legal remedies.

5. Medical negligence is easy to plead but difficult to prove, so do your homework flawlessly through your lawyer.
Ashish Davessar
Advocate, Jaipur
21587 Answers
577 Consultations

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You may obtain the complete treatment particulars and case history of the child and its ailments.
Get a second opinion for a renowned doctor on the subject, if the second doctor opines that there can be medical negligence in this, you may first send a legal notice to the hospital authorities demanding the relief whatever you have decided to claim from the hospital, followed by a consumer court case seeking relief of compensation. 
T Kalaiselvan
Advocate, Vellore
26366 Answers
266 Consultations

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