How To File a Medical Negligence Complaint?

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Medical negligence cases are on a rise in India. With nearly 50 Lakh such cases being
reported in India every year, Consumer Forums, Courts and Police are flooded with
Complaints against Doctors & Hospitals.

In May 2009, the Supreme Court had awarded a record compensation of Rs One Crore to wheelchair-bound Infosys engineer Prashant S Dhananka for medical negligence in a
surgery by Hyderabad&’s Nizam Institute of Medical Sciences (NIMS) which damaged his
spinal chord.

In the year 2019, Supreme Court of India awarded a compensation of Rs. 76,00,000/-
against a well known Hospital of Delhi for alleged medical negligence on account of which a newly born baby lost his vision.

In the highest-ever compensation awarded in a medical negligence case, the Supreme Court in the year 2013 asked Kolkata-based AMRI Hospital and three doctors to pay a
whopping Rs 5.96 crore along with interest to a US-based Indian-origin doctor who lost his 29-year-old child psychologist wife on account of medical negligence.

What is Medical Negligence?

It is the breach of a duty of care by an act of omission or commission by a medical
professional of ordinary prudence. Actionable medical negligence is the neglect in exercising a reasonable degree of skill and knowledge to the patient, to whom he owes a duty of care, which has resulted in injury to such person.

What to do in Medical Negligence Cases?

Such cases are lengthy, difficult & complicated. Make sure it isn’t a wasted effort on your part and get it all right the first time with these early-stage litigation tips, if you suspect medical negligence. In such cases you must take the following steps:

1. Collect all your Medical Records:

If you suspect that you are a victim of Medical Negligence, you must collect all your medical records of your treatment from your treating Doctor or Hospital. The records will contain information regarding the symptoms you were experiencing, medical history, diagnostic tests performed, treatment provided & medications prescribed.

2. Hire a Medical Negligenc:e Lawyer

Medical Negligence

It’s not practical to think that you can represent yourself in a medical negligence case. These cases are widely known for their complexity.Plus, it is difficult to devote time and energy to a legal case when you are in the middle of recovering from your injuries. For this reason, it is best to hire a personal injury attorney who has experience handling such complex cases instead of attempting to represent yourself.

Also Read: Negligence and Compensation

Filing of Complaint:

1. Criminal Complaint under section 304A IPC with the local police:

Criminal Medical Negligence is governed by Section 304A of the Indian Penal Code. Section 304A of the Indian Penal Code reads as under:

Sec. 304-A.

Causing death by negligence- Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide,shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Essential ingredients of Section 304A are as under:

  1. Death of a person
  2. Death was caused by accused during any rash or negligence act.
  3. Act does not amount to culpable homicide.

And to prove negligence under Criminal Law, the prosecution must prove:

  1. The existence of duty.
  2. A breach of the duty causing death.
  3. The breach of the duty must be characterized as gross negligence.

2. Complaint before Consumer Forum:

Doctors & Hospitals are covered within the ambit of the Consumer Protection Act. If you are a victim of medical negligence you can also file a complaint before the Consumer Forum and seek compensation from the erring Doctor or Hospital.

3. Complaint before the State Medical Council:

If you are a victim of medical negligence you can also file a complaint before the State Medical Council where that particular Doctor is registered and seek disciplinary action against the Doctor or Hospital. State Medical Council has the power to suspend or revoke the license of the erring Doctor or Hospital.

Have you suffered as a result of medical negligence? If so, it’s in your best interests to seek legal representation from an experienced Lawyer as soon as possible. Contact
Easy Kanoon today to schedule a free consultation with our team of experienced lawyers. Write to us as easykanoon@gmail.com.

 

About the author:
Gaurav Sharma is the founder of Easy Kanoon & MedNLaw

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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