Is suing the doc possible for this case?

Community Forums Legal Advice India Is suing the doc possible for this case?

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    • #52128 Reply
      User_4b200824
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        U
        User_4b200824
        PARTICIPANT
        February 17, 2025 at 4:20 pm
        This is regarding my mom’s checkup for her uterus with one of the gynaecologists of Manipal Hospital, Goa. During the visit, she did an internal check and since the visit, my mom is having slight symptoms of urinal infection such as the urge of urinating every hour almost. Everything was normal before the visit. It’s been 5 weeks since this event happened and after visiting multiple docs for treatment and having antibiotics too, she is still suffering.

        Now, the issue is, my mom says the gynaecologist at Manipal Hospital most likely didn’t use a fresh pair of gloves after examining the previous patient and maybe that led to these issues. (I can’t really confirm if this happened as I wasn’t there). Now she’s been suffering since a month due to that doc’s negligence. Can anything be done?

      • #52132 Reply
        Brightknight8772
        Participant
          B
          Brightknight8772
          PARTICIPANT
          February 17, 2025 at 4:29 pm
          suing doctors is very difficult in India.

        • #52131 Reply
          Luckyseeker1031
          Participant
            L
            Luckyseeker1031
            PARTICIPANT
            February 17, 2025 at 4:30 pm
            Some doctor will have to confirm your theory who is apexialized in that field.

            Or some reference book of the medical science needs to cooroborate that.

            Well the above applies in court.

            For time being, we don’t Hve any concept of pre trial like the USA..

            So u can always sue under negligence in consumer courts and consumer courts are known to be more amenable to consumers.

            Well also there is a possibility of suing under torts as a civil case for damages considering over there the burden of proof requisite is quite lower…

            So short answer yes… In India… Anyone without even having any real case for just harassment or genuine purposes can sue anyone…

            The question of whether u will or not… Depends on BOLAMS TEST standard… Which courts follow to Guage the culpability of negligence.

          • #52130 Reply
            Sachinshark466
            Participant
              S
              Sachinshark466
              PARTICIPANT
              February 17, 2025 at 5:25 pm
              I understand your apprehension but I really doubt any doctor ( let alone someone working at a private hospital ) would reuse gloves. It has got more to do with doctors feeling icky and removing the gloves once done with their checkup than saving money.

              Hospitals buy examination gloves and sanitizer in bulk. COVID has only helped reduce their prices to a great deal. A pair of examination gloves cost under 5rs to a hospital. If a doctor sees 10 patients and uses 10 gloves it still costs the hospital only 50rs whilst the billables from 10 patients would be 100x more. You could always go back to the same doctor and tell him from the day of examination your mother is having issues.

              I guess if your aim is to get money and sue then don’t do this but if you want her to get healthy then maybe do this.

              • #52133 Reply
                User_4b200824
                Participant
                  U
                  User_4b200824
                  OP
                  February 17, 2025 at 6:06 pm
                  We have approached a different doctor from the same hospital for her treatment. Tests have confirmed the infection persists. My mom is suffering because this problem is there since 5 weeks and also because of high dosage of antibiotics now she has to go through just because of negligence of that gynaec. We feel strict action should be taken against her, we aren’t after money.

                  • #52134 Reply
                    User_92dad82f
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                      U
                      User_92dad82f
                      PARTICIPANT
                      February 17, 2025 at 10:08 pm
                      Is your mom’s infection possible mainly through hospitals (nosocomial infection)?
                      Or could it be many other causes, like for one, comorbidities like diabetes that could ve made the infection as oppurtunistic?

                      No doctor intelligent enough to be a post-graduate would make the mistake of reusing the gloves, not just because of the risk of spreading usual urinary infections, but due to the threat of spreading serious ones like STDs.

                • #52129 Reply
                  Smartstar5481
                  Participant
                    S
                    Smartstar5481
                    PARTICIPANT
                    February 17, 2025 at 6:51 pm
                    Infection can be caused by a variety of things. Gloves are cheap and there is no need for it to be reused. You can sue without proof but don’t cry when healthcare becomes expensive.

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