If you are stuck in such a situation, here is what to do.

Mr. Verma, a 58-year-old man, was admitted to a well-known private hospital, “Apex Multispeciality Hospital,” in the city of Alipur for what was described as a standard laparoscopic procedure to remove gallstones. His family was assured it was a routine surgery with minimal risk. However, after the procedure, the surgeon, Dr. Kumar, informed the family that they had to convert to an open surgery mid-way due to some internal complications, a critical detail that was not communicated to them during the operation.

Post-surgery, Mr. Verma was in excruciating pain for over 14 hours. He repeatedly tried to alert the medical staff, but the resident doctor on duty dismissed his concerns, advising him simply to drink more water and try to eat. No diagnostic scans or further investigations were conducted to identify the source of his severe pain. The next morning, when Dr. Kumar did his rounds, he finally ordered a CT scan upon seeing Mr. Verma’s deteriorating condition. The scan revealed an internal leakage, a severe post-operative complication. Mr. Verma was rushed into a second emergency surgery which lasted for seven hours. Following this, he was put on a ventilator, had a stoma bag attached, and developed a severe infection.

For two agonizing months, Mr. Verma remained bedridden in the hospital. During this period, the family faced constant pressure from the hospital administration regarding mounting bills and felt the staff’s attitude was dismissive and unhelpful. Ultimately, Mr. Verma’s condition worsened, leading to septic shock, and he passed away. The family was left devastated, noting that the surgeon never admitted any fault or expressed genuine remorse for the tragic outcome.

Advice in such cases

Navigating the aftermath of a potential medical negligence case can be overwhelming. Here are the initial steps you should consider:

• Gather All Documentation: Collect every piece of paper related to the hospitalization. This includes admission forms, consent forms, all medical test reports, doctor’s notes, nursing charts, discharge summaries, and, crucially, all payment receipts and bills.
• Create a Detailed Timeline: Write down a chronological account of events from the day of admission to the tragic outcome. Note down dates, times, names of doctors and nurses you interacted with, and what was said or done. This record is invaluable.
• Obtain an Independent Medical Opinion: Approach another qualified surgeon or a panel of doctors with the complete medical file to get an expert opinion on whether the standard of care was breached. This will be a cornerstone of your case.
• 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 of 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

Applicable Sections of Law

In India, legal recourse for medical negligence can be pursued through several avenues:

• The Consumer Protection Act, 2019: A patient is a ‘consumer’ and the medical service provided is a ‘service’. If there is a deficiency in this service, you can file a complaint in the appropriate Consumer Disputes Redressal Commission for compensation.
• Bharatiya Nyaya Sanhita, 2023 (BNS): In cases where gross negligence leads to the death of a patient, criminal proceedings can be initiated. Section 106 of the BNS deals with causing death by a rash or negligent act. This is a serious charge and requires a high burden of proof.
• Civil Suit: A civil lawsuit can be filed in a civil court to claim monetary damages for the negligence, loss of income, and mental agony caused. This is often a lengthy and expensive process.

If you are the complainant

As the family member or next of kin seeking justice, you are the complainant. Your actions will drive the case forward.

• File a Complaint with the State Medical Council: Every state has a medical council that governs the conduct of doctors. You can file a formal complaint against the doctor(s) for professional misconduct. If found guilty, the doctor’s license can be suspended or revoked.
• File a Consumer Complaint: This is often the most effective and time-efficient route for seeking compensation. A complaint can be filed before the District, State, or National Consumer Commission depending on the value of the claim.
• File a Police Complaint (FIR): You can approach the local police station to file an FIR under Section 106 of the BNS. However, as per Supreme Court guidelines, the police will typically seek a credible medical opinion before arresting or proceeding against a doctor.
• 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 of 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

If you are the victim

If you are the patient’s family, acting on behalf of the victim, your role is crucial in preserving evidence and initiating the legal process.

• Preserve All Records: Do not hand over original documents to anyone without retaining certified copies. Ensure you have the complete medical file from the hospital. If the hospital is uncooperative, your lawyer can help you obtain it legally.
• Document Everything: Keep a record of all interactions with the hospital administration and doctors after the incident. If there are any verbal communications, follow them up with an email to have a written record.
• Avoid Direct Confrontation: It is advisable not to engage in heated arguments or unsupported accusations with the hospital or doctors. Let all communication be handled through your lawyer once you have engaged one.
• 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 of 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

How the police behave in such cases

The police are often cautious when dealing with medical negligence allegations. Based on Supreme Court directives (primarily from the Jacob Mathew v. State of Punjab case), they are required to act with restraint. They will not immediately register an FIR or arrest a doctor based solely on a complaint. They will typically refer the matter to the district’s Chief Medical Officer or a board of medical experts for a preliminary report. Only if this report indicates prima facie evidence of gross negligence will they proceed with a criminal investigation under the BNS. This is to protect medical professionals from frivolous or malicious prosecution.

FAQs people normally have

Can I sue the hospital as well as the doctor?
Yes. The hospital can be held vicariously liable for the negligence of its employees, including doctors and staff. A complaint can be filed against the doctor for their individual negligence and against the hospital for systemic failures or for being the employer.

What is the difference between medical negligence and an error of judgment?
An error of judgment is not necessarily negligence. The law recognizes that medicine is not an exact science. Negligence is established when it is proven that the doctor’s actions fell below the standard of care expected of a reasonably competent medical practitioner in that field.

What if I signed a consent form before the surgery?
A consent form does not absolve the doctor or hospital of all liability. Consent is for the inherent risks of a procedure, not for negligence in performing it. If the doctor failed to provide the required standard of care, the consent form will not protect them.

What evidence is required?

To build a strong case for medical negligence, you will need compelling evidence, including:

• Complete Medical Records: This is the most critical evidence. It includes all reports, charts, notes, and films from the hospital.
• Expert Opinion: A written opinion from another respected doctor or a panel of experts in the same field, clearly stating how the treating doctor deviated from the standard medical protocol and how this deviation led to the harm or death of the patient.
• Bills and Financial Documents: All receipts for hospital charges, medicines, and other expenses incurred.
• Witness Testimonies: Statements from family members or others who witnessed the patient’s suffering, the interactions with staff, and the sequence of events.

How long will the investigation take?

The duration of a medical negligence case in India varies significantly depending on the legal path you choose.

• Consumer Court: These are relatively faster. A case in the District or State Commission could take anywhere from 1 to 3 years.
• Criminal Case (under BNS): This is a much longer process. The investigation itself can take several months, and the subsequent trial can last for many years.
• Civil Court: A civil suit for damages is notoriously slow and can often take 5-10 years or even more to reach a final verdict.

Advocate Sudhir Rao, Supreme Court of India