One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.Y had been consulting Dr.X, an ayurvedic practitioner at XYZ Ayurvedic Clinic in City A, for his chronic health condition. Dr.X prescribed Swarna bhasma, an ayurvedic medicine containing gold as its core ingredient, for a continuous period of 3-4 years. The prescribed dosage was significantly higher than the recommended therapeutic limits. Over time, Mr.Y’s body accumulated toxic levels of gold, leading to heavy metal toxicity. This prolonged exposure to excessive gold levels triggered Mast Cell Activation Syndrome and other serious health complications. Mr.Y discovered that the prescribed dosage was extremely above standard recommendations only when he consulted another specialist. The negligent prescription by Dr.X and the clinic’s failure to monitor treatment protocols resulted in permanent health damage to Mr.Y, leading him to seek legal remedies against both the doctor and the clinic.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Document all medical records and prescription details immediately. Obtain second medical opinion from qualified practitioners to establish the negligence. Preserve all evidence including medicine bottles, prescriptions, and medical reports. File complaints with relevant medical councils and consumer forums simultaneously to strengthen your case.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 106 covers causing death by negligence, while Section 125 deals with acts endangering life or personal safety of others. Medical negligence cases also fall under BNS Section 124 for voluntarily causing hurt by dangerous weapons or means. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedural framework for investigation. Additionally, Consumer Protection Act provisions apply for deficiency in medical services. Professional misconduct can be addressed through relevant medical council regulations governing ayurvedic practitioners.

If You Are the Complainant

• File FIR under appropriate BNS sections for medical negligence at the nearest police station
• Lodge complaint with State Medical Council against the practicing doctor for professional misconduct
• Submit complaint to Consumer Forum seeking compensation for medical negligence and deficient services
• Gather comprehensive medical evidence including second opinions and expert testimonies
• Maintain detailed records of all medical expenses, treatment costs, and suffering documentation

If You Are the Victim

• Immediately discontinue the prescribed medication and seek emergency medical attention from qualified specialists
• Obtain complete medical evaluation and detoxification treatment to address heavy metal toxicity
• Document all health complications and ongoing medical requirements for future legal proceedings
• Preserve all prescription records, medicine packaging, and treatment documentation as crucial evidence
• Consider seeking psychological counseling support as medical negligence often causes mental trauma

How the Police Behave in Such Cases

Police initially may show reluctance in registering medical negligence cases, often suggesting it as a civil matter. However, when serious health complications are involved, they are bound to register FIR under BNS provisions. Investigation typically involves collecting medical records, expert opinions, and statements from treating doctors. Police may seek assistance from medical experts to understand the technical aspects of negligence and dosage violations in ayurvedic treatments.

FAQs People Normally Have

Can I sue both doctor and clinic? Yes, both can be held liable for negligent treatment and inadequate supervision.

What compensation can I expect? Compensation covers medical expenses, future treatment costs, loss of income, and pain and suffering.

How to prove medical negligence? Medical records, expert opinions, and deviation from standard treatment protocols serve as evidence.

Can criminal case be filed? Yes, under BNS sections dealing with negligence causing harm or endangering life safety.

What Evidence Is Required?

• Original prescriptions showing excessive dosage recommendations and duration
• Medical reports confirming heavy metal toxicity and related health complications
• Expert medical opinions establishing deviation from standard ayurvedic treatment protocols
• Documentation of all treatment expenses and ongoing medical costs
• Laboratory reports showing toxic levels of gold in blood/body tissues
• Second medical opinions from qualified practitioners confirming negligence
• Records of clinic’s licensing and doctor’s qualifications and registration details

How Long Will the Investigation Take?

Medical negligence investigations typically take 6-12 months depending on case complexity and evidence collection. Police require time to gather medical records, expert opinions, and technical analysis. Consumer forum proceedings may take 1-2 years for final resolution. Criminal cases under BNS may extend longer if charges are contested. Simultaneous civil proceedings for compensation can run parallel to criminal investigation.

Advocate Sudhir Rao, Supreme Court of India