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UHi lawyers. Very new to this sub.
My sister expired today because of medical negligence. The doctors/ hospital didn’t advise my medically illiterate parents to admit her to the hospital. I live in the US. I went back to the results she had and saw glaring red flags on her arterial blood gas analysis which should definitely warrant urgent admission and treatment. I can say this because I’m a doctor myself.
I know this is a period of denial and I might be acting out of impulsivity. But I really loved her and need to bring her justice. I’m ashamed that I know nothing about medical law in India, being someone who trained here, which is why I turn to you today.
Open for more questions you may have. I’m flying to India right now.
Thanks in advance! 🙏🏽
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SNAL
This might be a good starting point
https://vakilsearch.com/blog/file-a-in-india-for-medical-negligence/
Seems after collecting all evidence you can either file case with medical council or proceed with criminal case with FIR in court.
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LHi. I am sorry to hear about your loss.
You can proceed with filing FIR w.r t medical negligence .
The cases are treated no different and take years just like any other case.
The burden of proving the criminal negligence on part of doctor is also much higher. Pls keep that in mind.
I wish you the best with the case.
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CSorry for your loss.
As someone already said, you ll need to gather all evidence first. Once you have that you will need to decide if you want to proceed under civil law or criminal or both. It will be better to take opinion of other doctors as to what wrong was done by the other doctor. This would be difficult to get though.Even though you are a doctor, you will need more people to say what you are saying, as court may not consider you a good witness on this subject as you are related to the deceased.
Under criminal law, you will file an FIR and if all is proven (which may take many many years) then there will be an imprisonment or fine depending on which section sticks. There would be appeals etc which will delay this further.
Under civil law, you can file a complaint with the medical council or file a suit for medical negligence and damages/compensation, which will again take many many years. You will have to send a legal notice in a civil claim prior to initiating proceedings.
Please be aware, in India judicial process is a punishment itself for the litigant. Also, the evidence and proof to prove negligence will have to be very very good, the threshold is quiet high in such cases.
Good luck.
FYI : I am a lawyer.
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ENAL, You should file a law suit and sue those doctors.
Doctors have a medical negligence insurance called Doctors professional Indemnity, that will take care of any claims or damages you’re claiming.
I am telling this as a lot of people feel bad for the negligent doctors and take back their complaints.
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UHello op, I’m sorry for your loss.
I deal with hospitals for lab equipment and consumables, and my wife’s a lawyer.
Chances are your parents were informed but in terms they couldn’t fully comprehend. And the mental state at the time is not the best.Medical negligence is difficult to prove in india partly due to the documentation the hospital will make your sign which essentially covers all their bases for communicating whatever that has to be shared. Don’t know about US, but in canada the hospital you’re a patient at is effectively the medical authority and the medial practitioner is partially liable.
In India the medical practitioner is essentially a freelancer and completely responsible for the process and the hospital is indemnified from most liability.
In practice what that means is that you’re saying the doctor essentially, and you need to have proof of negligence by the hospital to even rope in the hospital.And I know if only one medical negligence case personally and that has been ongoing for the last 8 years. And someone can appeal at a higher court and make the case last even longer.
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USorry for your loss, this the true reality 70% of doctors in this country are unfit just like engineers this is the hard fact.
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UI didn’t, it was a report which came few months stating 60-70% of engineers are unfit for workforce, along with that person experience
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UI have two doctors in my family and several more among my relatives and friends, but none of them were helpful in directing me to the right specialists.
Here’s one of my experiences: I injured myself and went to Apollo, where I got an X-ray done. The doctor immediately recommended surgery. Wanting a second opinion, I visited another hospital. A junior doctor there saw my Apollo X-ray report but still insisted on taking another X-ray at their hospital. I wasn’t convinced, so I consulted a senior doctor at the same hospital. He also asked me to get another X-ray, and without even reviewing the new report, he told me I needed surgery.
Any doctor who prioritizes money over patient care is unfit to be a doctor, and unfortunately, that includes a large percentage of doctors in this country. Many students who fail the NEET exam go abroad to study and then return to practice in India. While there are certainly good doctors in that group, but significant number fall short. As I mentioned above regarding the study on engineering the same applicable here as well.
Let’s also not forget how many parents in this country pay for their children to obtain medical degrees.
If you’re trying to ask a “gotcha” question, please be direct with your approach.
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DI was asking about the percentage that you so confidently gave out. I am a medical graduate. and to consider 70% of people including me or my collegues are all a waste?
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UDo a quick Google search, I remember reading a report from an Indian news outlet a few years back, probably before COVID, stating that nearly 60% of doctors were not qualified.
When I say 70%, I’m mainly referring to those under 30, not all age groups. And studies have shown newer generation are becoming dumber as IQ levels are dropping according USA researchers.
Don’t take it personally, I’m just trying to make a point, there’s a high chance you could be unfit, it’s midday, and you’re just arguing over a comment.
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UMaybe I’m unfit, I don’t know. If someone says that to me, I try to improve myself or do whatever is within my power, there is nothing wrong in taking a feedback. But everything I mentioned above is documented and backed by data. You just have to Google it and it’s all over the news nowadays.
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UI didn’t give you feedback, and I never said everything was based solely on my personal experience. When I mentioned data, I was referring to research reports and findings from well-reputed organizations.
It’s interesting how, during the COVID vaccine discussions, doctors emphasized following the science and data, but now the same concept is being dismissed and called “stupid.” It’s ironic, isn’t it?
Also, the 70% statistic isn’t specific to just one profession. The news has highlighted that many young professionals under 30 across various fields aren’t fully qualified or ready for the demands of their roles, doesn’t the imply they are unfit?
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UEverything I said is one Google search away, don’t think everything with patriotic mindset.
So you are saying this report from WHO is fake?
And this report on how 80% of young graduates are unfit.
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UBrother did you even read the article for doctors? It states that there are plenty of quacks practice without any qualifications. How does that mean doctors are unfit if the government is not taking action against those who dont even have an mbbs. Please improve your comprehension skills to the same level of your skill of debating without facts
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UDude, do you even hear yourself? They wear a doctor’s coat, write prescriptions, even approached by pharma companies, and some are even hired by well-reputed hospitals including government hospitals, for common people there are considered doctors, literally you can’t expect people to verify if the doctors have valid degree and license or not.
It’s absurd to think we shouldn’t hold doctors accountable just because the government isn’t taking action. A qualified doctor can identify a fake doctor with just a few interactions. So stop saying we can’t blame doctors as a whole—that’s ridiculous. Remember, every medical college and hospital is essentially regulated by the government, it’s easy for Pharma companies and other doctors to verify each other.
If you accept reports stating that 80% of engineers under 30 are unfit, then using common sense, it’s reasonable to assume that a significant percentage of young doctors in the same age group could also be unfit as well, after all, they come from the same system.
FYI, I read the original reports from WHO and few more reports 5+ years ago. I provided you with the facts and numbers, yet you still refuse to accept the truth because of your narrow mindset.
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USame thing happened from where i live.After child is born doctor did not take care of mother properly and next day she died and family is very poor and now child is alone without mother.I saw hospital pattern if you know someone in hospital then maybe chances of good operation are high othervise its just bad 50 50 chances.Very bad situations of our hospitals.
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UI personal suggestion before suing the doctor or hospital take all the important evidence like u have said u r a doctor so u know where negligence happens so take all the evidence silently like any cctv footage or some imp documents that only hospitals have collecte them and also ask lawyer personally by tell all situations and what r the solid evidence required. Get them all other wise hospital and that doctor staff will destroy everything.
Sorry for ur loss hope u get out of it soon.
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USorry for your loss!
1. Get clarity on facts leading up to this unfortunate loss.
2. Get all the papers regarding treatment from the doctors and/or hospital.
3. If you find anything glaring which proves negligent act, file a FIR, it will go through a medical board which would give it’s opinion before it proceeds any further
4. File a case under the consumer protection act seeking compensation! -
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