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. X approached me regarding medical negligence by ABC Hospital in City A. He had visited the emergency department with severe chest pain but was misdiagnosed and given incorrect treatment. Due to the wrong medication administered, his condition deteriorated significantly, requiring him to seek treatment at another facility. The hospital also charged excessive fees for the improper treatment. Mr. X suffered additional medical expenses, physical pain, and mental agony due to the hospital’s negligence. He wanted to file a consumer complaint against the hospital for deficiency in medical services and sought compensation for his losses. The case involved both medical negligence and unfair trade practices under consumer protection laws.

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.

• Gather all medical records, bills, and discharge summaries immediately
• Obtain a second medical opinion from another qualified doctor about the treatment received
• Document all additional expenses incurred due to the negligence
• File the complaint within two years from the date of cause of action

Applicable Sections of Law

Medical negligence cases fall under both consumer protection and criminal law. Under the Bharatiya Nyaya Sanhita (BNS), Section 106 deals with causing death by negligence, while Section 125 covers voluntarily causing grievous hurt. The Consumer Protection Act, 2019 governs deficiency in medical services. Additionally, BNS Section 284 addresses negligent conduct with respect to poisonous substance, and BNSS provisions cover the procedural aspects of filing complaints and conducting investigations in cases involving medical professionals.

If You Are the Complainant

• File complaint with District Consumer Forum if claim is up to Rs. 1 crore
• Attach all medical records, bills, prescriptions, and discharge summaries
• Include detailed chronology of events and treatment received
• Obtain expert medical opinion supporting your claim of negligence
• Calculate and claim compensation for medical expenses, pain, suffering, and loss of income

If You Are the Victim

• Seek immediate medical attention from another qualified healthcare provider
• Preserve all evidence including medicines administered, medical devices used
• Request complete medical records from the hospital within 72 hours
• Document your condition through photographs if visible injuries exist
• Maintain records of all additional treatment costs and lost wages

How the Police Behave in Such Cases

Police typically treat medical negligence cases with caution, often requiring clear evidence of gross negligence or criminal intent. They may initially suggest approaching consumer forums for civil remedies. However, if there’s evidence of criminal negligence causing death or grievous injury, they register FIR under relevant BNS sections. Police usually consult medical experts before proceeding and may be reluctant to arrest doctors without substantial evidence.

FAQs People Normally Have

Q: Can I file both consumer complaint and criminal case?
A: Yes, both civil and criminal remedies can be pursued simultaneously.

Q: What is the time limit for filing consumer complaint?
A: Two years from the date when cause of action arose.

Q: Do I need to pay court fees?
A: Yes, nominal court fees based on compensation claimed.

Q: Can I represent myself in consumer forum?
A: Yes, though legal representation is advisable for complex cases.

What Evidence Is Required?

• Complete medical records including case sheets, investigation reports
• All bills, receipts, and payment records from the hospital
• Discharge summary and treatment prescribed
• Expert medical opinion from qualified doctors
• Evidence of additional medical expenses incurred elsewhere
• Witness statements from family members present during treatment
• Photographs of injuries or medical condition if applicable

How Long Will the Investigation Take?

Consumer forum cases typically take 6 months to 2 years depending on complexity. District forums aim to dispose cases within 90 days but medical negligence cases often require expert testimony, extending the timeline. Criminal investigations, if filed, may take 1-3 years. The process involves multiple hearings, evidence collection, and expert opinions from medical professionals.

Advocate Sudhir Rao, Supreme Court of India