- This topic has 2 replies, 2 voices, and was last updated 1 year, 2 months ago by
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SSo here’s the incident-
Patient X who got pregnant (early 2000s) was under the treatment of a gynecologist, who attended her delivery too. She was NOT checked for viral marker (Hepatitis, HIV) positivity, which is a mandatory test for all pregnant women.
Patient X gave birth to a girl child. She too was not tested for the same at the time of birth.Now, the mother has been diagnosed with Hepatitis B for the past 10-15 yrs and is undergoing treatment for the same. Her daughter became positive as a result of transplacental spread. She too is undergoing treatment. It’s gross negligence from the doc.
The mother gave birth to a second child, 5 years later, and this time her delivery was attended by a different doc who did the basic investigations and it was during this pregnancy she was diagnosed with Hepatitis B.
Now, considering the high risk of cirrhosis and liver cancer in Hepatitis B patients, isn’t the doc responsible for the irreparable damage on the family?
This incident took place 20 yrs back, so any chance of suing and getting a favourable response from the consumer court/concerned authorities?
Treatment records dating back to 20 yrs- can’t be retrieved. The doc is a senior consultant now, and financially superior to the infected patients.How to approach this legally? Everything revolves around money now, so chances are high that the patient will have to retreat instead of fighting for justice.
Kindly help me out!!
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DPlease know that there is a limitation period for almost every legal proceeding that you may intend to file. If you wish to sue the doctor for medical negligence before a consumer court, the limitation for that was two years from the date of alleged negligence.
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