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Among all the sectors in the field of service-providing industries, the Medical Profession is certainly considered as one of the noblest professions of all times since this profession deals in saving the lives of people. For this reason, since ancient times, doctors are considered as God and treated with utmost respect and dignity. However, due to lack of professionalism and negligent nature of some of these so-called life-savers, innocent patients end up paying the price which may extend from partial damage to permanent damage in certain cases. You can raise a consumer complaint against medical negligence in India by following some specific procedure.
Medical negligence happens when a healthcare professional is negligent to provide necessary care to prevent physical injury, damage, death, etc. to a patient. Medical negligence includes, all personal injury claims, medical malpractice, misdiagnosis, flawed aftercare, etc. It is not possible for doctors to save every patient’s life. That’s why courts have stated that just a slight mistake of the medical service provider cannot be counted as medical negligence. The patient has to prove that the treatment provided by the healthcare provider or the institution is violating the medical standard of care or that was the reason behind the injury/loss.
Medical negligence can be divided into a wide range, such as.
These are not the end of the factors when medical negligence can be happened. For any of the critical of regular treatment situations, medical negligence and wrong treatment can be happened. All cannot be listed here. Different patients may have different types of medical negligence.
Medical negligence can be brought into the following three categories.They are:
Criminal liability
Monetary Liability
Disciplinary Activities
Let’s discuss them a bit:
Section 304A of IPC3, which deals with the death of a person by any rash or negligent act and this may lead to the victim for an imprisonment of up to 2 years. Section 374 of IPC for causing hurt and 385 for causing grievous hurt, are also often deployed in relation to medical negligence cases.
Monetary Liability or civil liability can be fastened under the general law or through the consumer forums as per the monetary consequences. Showing extra bills, wrong treatment and traumatizing the patient that affects the patients even after the completion of medical care can be treated in this segment.
If medical practitioners or health care provider do not maintain disciplinary activities, and harass or molest the patients can be treated under disciplinary activities. These activates can be brought under judgement in the specific courts.
The first principle of a negligence claim is reporting against the healthcare provider, hospital, or any other medical institution that owed a duty of care. It is essential to prove that the patient facing medical negligence was admitted for treatment under the healthcare provider or medical institution. This can only be possible by gathering medical records and medical receipts for the treatment.
Dereliction of duty is counted as a second principle of a medical negligence claim. In this step, providing evidence against the health care provider or the medical institution for not compiling with the medical standard of care while treatment is necessary to prove that claim. The health provider’s activities toward treatment have to be out of line with the mandated medical standard of care.
If the victim was harmed by the healthcare provider or institution’s actions during the treatment or as an after-effect, it is considered as the damage or long-run damage of medical negligence.
Direct Cause
This is the most complicated component of a medical negligence claim. It is compulsory to establish a link between a provider’s negligence and the harm a patient suffered because of that.
Common Types of Medical Negligence:
Some types of vital medical negligence is mentioned here.
Medical negligence claims related to pregnancy and birth injuries are the most common claims these days. This includes any harm of the mother or the baby suffers during or after the pregnancy. These injuries pose life-threatening ramifications for them both such as cerebral palsy, irregular bowel movement, diabetes, a child born with any injury that was not warned before, etc. The reason behind the injury/harm is a medical negligent case.
Most of the health issues cannot be cured within a day. Treatment is a time-consuming process. If a healthcare professional fails to monitor the impact of the treatment properly or miss-schedule the follow-up appointment it is medical negligence. This eventually leads to further illness or gets worse than previous conditions.
Sometimes patients lodge complaints against healthcare professionals for insufficient investigation and inappropriate treatment. It can happen with patients admitted to the emergency department. If that patient is discharged without proper treatment or examination, you can call it a medical negligence.
Whenever a general physician fails to instruct the patient properly or refer them to a proper consultant this creates an administrative error. Unnecessary medication can damage a patient’s health badly. If the patient is on the wrong medication routine given by the general physician, it is called negligence in medical advice and care.
Surgery is a risky procedure to perform. However, some mistakes are highly unlikely to happen such as operating on the wrong body part, a foreign object being left in the patient’s body after the surgery, or even performing a wrong operation on the patient, etc. Besides that proper care after surgery is important for recovery, if there is any flaw in aftercare this is considered as surgical negligence.
Low-quality treatment from the dentist is the reason for dental negligence. If a patient suffers from injury that occurs due to poorly performed surgery, misdiagnosis, or lack of care, the patient has the right to claim medical negligence.
Cosmetic surgery is becoming a new phenomenon among men and women. Cosmetic surgery like ‘Botox’, ‘liposuction’, etc. is the reason for the rising case of a cosmetic negligence claim. A poor execution of cosmetic surgery can create a life-threatening injury and mental damage for the rest of your life.
Proving medical negligence is a difficult task. Here are some reasons behind that
If you face any such complications or challenges for filing a consumer complaint against any health care institute or professional, you can contact Online Legal India. They support you from the very beginning to the end.
The patient-party has to submit some documents as evidence (not limited to):
A patient or patient’s family can register a complaint against medical negligence in the Medical Council of India or MCI, state medical council, consumer forum, and police station under Sections of the Indian Penal Code related to medical negligence, trauma, wrong treatment or death. You can lodge a consumer complaint to get resolution of the medical negligence.
Approach to the health care professional or institution for getting it solved.
Keep documentary proof against all your solution-desiring communications: emails, chat, texts, bills, prescriptions and all.
Then, visit to the consumer court for getting resolution.
You must send a legal notice to the healthcare provider or the medical institution.
There are some criteria for filing a complaint in a consumer forum. They are:
In the modern scenario, medical negligence has been increasing by lips and bounce. But, most people cannot file a complaint against the offenders. Filing a complaint against medical negligence is not much complicated but need to follow some specific procedure. Legal assistance is also mandatory. If you want to raise a complaint against any medical negligence, you can contact Online Legal India. They have experts to solve all your issues related to medical negligence legally.
31 Mar, 2021
I'm mohd bilal from banglore actually my mother is suffering from multiple fibroids from 1 year . There is a lady doctor nalini from sanjay gandhi hospital banglre Jayanagar she is taking a very long time to give a operation date first she given for many tests all reports are negative only life thyroid,Hiv,and covid 19 etc.. from 10 months she is making us fool I'm a very poor guy i don't have any one xpt my mother day by day she is getting week kindly please take action against her she is lazy and lady doctor from banglore Jayanagar Sanjay Gandhi hospital.. please please reply me take action against her
31 Mar, 2021
Hello Bilal, thank you for reaching out to us. Team Online Legal Indiaâ„¢ will get back to you shortly to discuss and file a Medical Complaint against the harassment and disputes.
29 Sep, 2021
I'm have visited BGS hospital in bangalore for my son's urinary problem.Dr.Narendra has given MCU test for 5 year old kid.Dr .Naveen from his team addressed the procedure in which no weight was checked for the procedure.In the mid of the procedure x-ray instrument didn't work .My kid has to wait for 20 minutes holding the urine with tube in his penis.After the procedure Dr .Naveen told to collect the report tomorrow.But entire day we had to call multiple times about report .Later in the evening said the procedure was not done properly due to instrument failure.so it has to be repeated.My son already developed heavy fever.When I had spoken about the issue with Dr.Narendra he says the procedure was done with mobile imaging. I paid for X-ray imagine & now the entire procedure is done wrong. With blured imaging film he confirmed me that my son has severe reflux of urine to kidney.He has a team of Doctors who gave different opion with blured imaging film.The hospital has not given me the reports of the test.My son is undergoing severe fever & pain due to the procedure which is of no use.please help to file a complaint against the Doctor who did a wrong MCU procedure for my kid.
30 Sep, 2021
Hell Divya, thank you for sharing your issue with us. We have escalated your issue and our team will get back to you soon to discuss and resolve your issue by filing a Consumer Complaint against Medical Negligence.
28 May, 2021
I got my father admitted in Santosh Hospital, Gaziabad on 29th April 2021 just for an oxygen bed as he had covid inf. When he was admitted his saturation level of SPO2 was 90 and above Just in 2 days his condition deteriorated so much that he was put on 15 litre oxygen and don't know whether he was given food and medicines or not. Earlier Dr said that he had mild covid, he didn't even know whom he was talking about. We lost contact with our father as his charger got stolen. All are bloody thieves working there. Staff shortage is so much that there was only a single nurse to take care of many patients on the floor and that nurse was so cheap, she asked for 3000 rs per night in the name of giving personal attention to my father. She said she will help him eat and will keep us in contact with him thru phone call/video call. Just 2-3 photos she sent us of our father in whole day and charged 3000 rs from us the same day. That cheap nurse didn't let us contact him on next day, said the charger is stolen and whole day we kept trying to contact since 3rd May. Dr Sarkar was treating him but I doubt whether he really visited and treated my father as twice we had tried to talk to him on phone, his response was very rude and he didn't provide the details of the condition of my father. They said 6 doses of Remdesivir had to be given to the patient and they charged Rs40000 for single dose.On 4th May evening when we all went to the hospital to enquire why we wr not informed anything from the hospital about our patient then they suddenly said he is very critical, on ventilator and just in 2 hours they declared him dead. He was perfectly alright till 3rd May early morning and after that we lost contact from him with no updates from the hospital or any Dr till 4th May evening. All students are handling the patients there and no Dr sees the patients and I doubt whether anybody visits the covid patients. They are just concerned about money and nothing else. It's been 20 days they have not given the death certificate and details of my father till now. They are simply least bothered about anybody's life. Pls let me know how to file complaint against this hospital.
28 May, 2021
Hello Sonia, thank you for reaching out to us. Team Online Legal Indiaâ„¢ will get back to you shortly to discuss and file a Medical Complaint against the harassment and disputes.
28 Feb, 2021
Sir,mere doctor ne amoxynol 500mg antibiotic use karne diye for cough issues.. Ab mujhe jaundice hogya hain...kya ye medicine se Hua hain???...plz reply...mujhe complaint Karni hain...
02 Mar, 2021
Hello Shah Alam, thank you for reaching out to us. Team Online Legal Indiaâ„¢ will contact you shortly to discuss and initiate the medical negligence complaint filing process.
27 Apr, 2021
I am Tanveer Ahmed suffering from Kidney cancer with bone metastases,surgery was done in April 2020 post surgery since last year I was taking Pazopanib Tablets which costed me INR.1200/ day and I use to have fentanyl patches for pain,whenever I visited the doctor that is CN Patil from Apollo Hospital Bannergatta Road Bangalore,I always described him my problem and he use to say it will come down slowly,took 2 PET scans after surgery there was no change,I am a victim of medical negligence cos now I am getting this foolish doctor's response that is " I don't know your disease is like that ", for 1 year every month I use to pay 10k per visit for consultation and administration of zoledronic acid injection,now his reply is I don't know,how he became doctor that too an oncologist I have no knowledge.
27 Apr, 2021
Hello Tanveer, thank you for reaching out to us. Team Online Legal Indiaâ„¢ will get back to you shortly to discuss and file a Medical Complaint against the harassment and disputes.
25 Oct, 2021
Hi team, My mom complained of cough since a month, and swelling in legs , eyes, hands etc. Swelling which on pressing used to behave like a rotten fruit used to stay in pressed state before coming back to normal state. On doctors insistence my father got mom admitted- on 11th Oct 2021. They started examining her- in India they give medicines in a piece on paper we do not even what medicines were administered to her. Finally on 17th i.e. Sunday evening she started complaining of chest pain - doctors gave her medicines to get relief from chest pain. She vomitted after eating 1 idli at around 2-3pm or 4pm max. I was with mom from 3pm till 9pm- in this time doctors gave her medicine - her ECG was done - but no doctor came to help her or relieve her of chest pain as they had some other critical case to look at . I massaged her - as it was giving her some relief- I found her body getting cold and soft repeatedly. She was moved to a different cubicle ICU but again no care. From 11the till 17th her sugar had dropped to 60 due to insulin dose and had jumped to 400 the next day. Coming back to 17th night I was not with mom but my younger sister- according to her mom was administered some injection as she was complaining of chest pain post which she faced difficulty in breathing- and we lost her post 11pm. Doctors say it was heart attack. I live in a small city of Bokaro steel city in jharkhand India. I want to know - I believe it is my right to know if I could have prevented this- and how can I be more careful with my father or any other elder in the family. My mother was diabetic, patient of hypertension and had case of angina. She used to take medicines for these conditions. We had been to vellore in march 2021 and doctor didnt suggest angioplasty or bypass- but suggested taking medicines . My mom was far more stable and healthy with the medications at home- get her admitted to BGH Bokaro Steel City was a big mistake. Please guide me. Thanks, Priyanka Rani
29 Oct, 2021
Hi Priyanka, thank you for sharing your issue with us. We have received your complaint request and will get back to you soon to resolve your issue by filing a Consumer Complaint against Medical Negligence in India.
25 Jan, 2021
sirmere bagal mai ek clinic khuli hui hai jo bina kisi doctorke or bina kisi technician ke but all typeof medicine available and sabhi ilaz hota bahut bar problem bhi hua but koi awaz nahi utha pata hai plss usko band karane ke liye kya karna hoga advice me...kaha complain karu
22 Feb, 2021
Hello Rohit. Thank you for reaching out to us. Tam Online Legal Indiaâ„¢ will contact you shortly to discuss your matter and the complaint filing process.
23 Jun, 2021
My father died due to medical negligence He was suffering from covid 19 Plz help me with raising a complaint against the medical staff of that private hospital in meerut, UP.
24 Jun, 2021
Hello Akash, it is very sad to learn about your situation we send condolences, thank you for reaching out to us. Team Online Legal Indiaâ„¢ will get back to you shortly to discuss and file a Medical Complaint against the harassment and disputes.
21 May, 2021
Hi, I am currently residing in Canada and my parents are in Amritsar, Punjab. My dad is suffering from Covid at present and is in Ivy hospital , Amritsar. Attending physician Dr. Anmol Kaur Sidhu has not seen my dad for many days now , also she’s not following up my sis and husband there in order to clarify the plan of treatment. Neither she is following up for my dad’s treatment. He’s being neglected there, I know my dad can get better but doctors are neglecting his case . Dr. Anmol Kaur Sidhu is not following up with the treatment and case but she is attending physician . Kindly follow up pls . I am far from my dad and I pray for his good health . Pls do something for me in timely manner . I am very concerned .
21 May, 2021
Hello Komalpreet, thank you for reaching out to us. Team Online Legal Indiaâ„¢ will get back to you shortly to discuss and file a Medical Complaint against the harassment and disputes.
21 Mar, 2021
I want to file petition to claim medical negligence that caused the death of my mother ... kindly guide
22 Mar, 2021
Hello Ayesha, thank you for reaching out to us. Team Online Legal Indiaâ„¢ will get back to you shortly to discuss and initiate the medical negligence complaint process.
20 Apr, 2021
Sir,main Amritsar Punjab say hoon...meri mummy ka ek private hospital mahajan superspeacilist may ilaj ho rha hai may 16 April 2021 to 21 April 2021.blood clot ka ilag ker rhai hai.hum inkay pass 15 April 2021 ko raat ko 11 pm.pahuchay thay mummy ko weekness kay karan per humnay nay hai baat kah di thi ki mummy ko humnay aspirin 75 mg ki ek tablet 7pm 15 April 2021 ko di hai. Raat ko methylcobalmin ka injactation day ker MRI ka likh kar baij diya raat ko vo humay kha ki symptoms humay vahi lag rhay hai. .sub kah kay subha MRI karvao.agli subha inko 10.50 am report mil gai thi.11.6am per hum yai kah ker admit kiya ki hum inko 2 din icu may rkhay gay.2 kay 3 din ho gya icu may halat may koi farak nahi pda .fir baad may kha pahlay din tpa ka injactionlag sakta tha. Fir kahnay lgay raat ko bi MRI ho jata hai.agar raat ko be MRI ho jata hai toa humay kah daitay .fir sfai danay lagay ki phir kahna.icu may bi vasay rkha jaisay general ward may rakhtay hai aur suvidha government hospitals jaisi.ab 6 din ho gai hai per mummy ki left side may weekness aa gai hai.kharcha daal ker results zero . Mein kya karun? .
21 Apr, 2021
Hello Prince, thank you for reaching out to us. Team Online Legal Indiaâ„¢ will get back to you shortly to discuss and file a Medical Complaint against the harassment and disputes.
19 Aug, 2021
???? ?????? ?? ??? ?? ???????? ???? ?? ???? ?? ?? ??? ??? ???? ?? ?? ???? ?????? ?? ?????? ??? ?? ??? ???? ???? ?? ?? ?? ??? ?? 3 ??? ???? ????? ??? ?? ??? ?? 8??? ?? ???? ?? ???? ???? ?? ?? 30?????? ?? ???? ??? 500???? ?? ?? 31?????? ?? ??? 1000???? ?? ???? ?????? ?? ??? ??? ?????? ???? ?? ???? ????? ???? ??? ????? ???? ???? ??
19 Aug, 2021
Hello Parth, Team Online Legal India will be in touch with you soon to discuss and resolve your issue by filing a complaint against Medical Negligence.
19 Mar, 2022
Sir 'maaam I am zeeshan from ladakh living in chhatarpur Madhya pradesh Today when I am going to hospital 'district hospital chhatarpur MP .. The doctor is coming late on there duty... When I ask to workers about doctor.. They actually coming late there duty every days. They come 10:30 am Or 11:00am The actually timing of hospital is 9:00 am People are suffering lots of problem... Govt take action again that types of doctor.
20 Mar, 2021
Hello Siddharth, thank you for reaching out to us. Team Online Legal Indiaâ„¢ will get back to you shortly to discuss and initiate the medical complaint process against the disputes you are facing.
18 Mar, 2022
I want to complain against a greedy doctor nursing home. I am poor my wife treated by him. So many of poor people torched by him
10 Nov, 2020
Mere father ki renal biopsy test Maine prove diagnostic se krai......phle to 2 bar inhone test Ka date deker cancle krwa Diya fir test hone. Ke Karin 20 din bad JB reports aaaya hmne doctors ko jb dhikkya uunhone kkhaa.incomplte report haaii ......2 3 doctors ne yai kahaa. ....unke laprwahi kee. Karn. Mere. Father ki bimari bhtt badbhad gai .......puree one month time leke v incomplete report Diya ...Yee expensive test hai..... Hm middle cccllass fmily ke lye.....doctors ne dubra test krne ko kaahaa....hhmlog. Bhtt. Prreshan hai ....plzz hmari help. Kre.....Orr koi action le prove digonestic kke khilaf.......
10 Nov, 2020
We are downhearted to hear about your concern and the medical negligence you are facing. Please share your phone number with us so that we can take the neccessary steps against the specific doctor and the medical clinic. Thanks and Regards Team Online Le
10 Sep, 2021
Apollo clinic provides fake medical test report & improper sample handling
10 Sep, 2021
Hello Devendra, thank you for contacting us. Be ready with all the evidence. Our Legal Experts will get back to you shortly to discuss and resolve your issue by filing a Consumer Complaint against Medical Negligence
09 Feb, 2022
Hi this is Manisha Bharali.. I was taking treatment from a doctor from Mumbai.I Don't want take his name here in public platform..This is a case of negligence. He didn't do my treatment properly due to which i had to stop my treatment.. He mixed his personal commitments and professional commitment. He didn't clear things like about my health, medicine and treatment.insteas when i was asking about it he scolded me and blamed of disrespecting him. I didn't do that..i just wanted to know about my health.. earlier he used all flimy dialogues just to earn.may i know how can i take action so that other patients don't have to go through this.
10 Feb, 2022
We have received your complaint request. Thank you for reaching out to us. We will get back to you shortly.
12 May, 2021
Hello Rahul, we appreciate your efforts in reaching out to us. Team Online Legal Indiaâ„¢ will get back to you shortly to discuss and initiate the consumer complaint process against the fraudulent medicine store.
05 Sep, 2021
I was botched up by Dr. surindher DSA at Aesthetic plus clinic in bangalore for a cosmetic procedure. Please contact me ASAP
06 Sep, 2021
Hello Nalin, thank you for contacting us. Team Online Legal India will get back to you soon to resolve your issue by filing a Consumer Complaint against Medical Negligence in India.
03 Sep, 2021
Nearby pharmacy has given medicines that causing too much health issues I have no one to complain about this my hard earned money all wasted bcz I'm listening waswas and they are changing my medicine telling to cause death, I'm fearing too much.. My Rs. 20000 medicine has been changed with harmful chemical that cause my spleen harm and I am not taking it, please do some investigation about what type of medicine harmful effect I'm getting.. Bcz this people are hacking my mobile and saying they will kill me, I have no one to complain. I'm suffering painfully... Due to food adulteration they are saying thay anyhow cause cancer without reason, pyshic vampire, energy vampire, causing problems in life... Even my mother listen them and mixing datura, arsenic, pcb I. My food.. I'm having pain in.my glands.. Even they have mixed blood eater bacteria.. I have no one to complain... They are continously doing drama's this energy vampire effecting with violence, and even saying cybercriminal will in my name give messages anything as they wish... From Assam silchar, modhurbond..pin- 788001 Name - sabina begum barbhuiya Date of birth-10 nov 1998 Time:20:40pm I am not able to explain what they are doing with me
04 Sep, 2021
Hello Sabina, thank you for sharing your issue with us. Team Online Legal India will get back to you soon to discuss and file a Consumer Complaint against them. Just be ready with the necessary evidence.
08 Dec, 2021
Thank you for reaching out to us. We will get back to you soon to discuss and resolve your issue.
01 Nov, 2020
I just purchased the online ayurvedic medicine,thay said that if not work in 15 days ,I will refund the amount but now thay said that we can't do Please help me what can i