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

A family from Alipur is facing an unimaginable tragedy. Their relative, Mrs. Priya, was admitted to a private facility, the “Evergreen Women’s Clinic,” for her child’s delivery. She was in excellent health throughout her pregnancy, with all tests and scans showing no cause for concern. On the day of admission, she was given some medication as per the doctor’s instructions.

The next morning, she began to experience some bleeding. The family, concerned, alerted the nurses and doctors, but they were repeatedly told that it was a normal sign of labour. As the hours passed, the bleeding intensified, yet the medical staff continued to dismiss their worries, insisting everything was proceeding normally. At one point, the primary doctor even left for a meal break despite the patient’s worsening condition.

By the afternoon, Mrs. Priya was bleeding profusely and began to feel faint. Only then did the staff seem to realize the gravity of the situation. She was rushed into surgery for an emergency procedure. While the baby was delivered safely, the family was informed that Mrs. Priya was in critical condition due to massive blood loss. They were asked to arrange for a large quantity of blood immediately.

Despite initial assurances that the situation was under control, her condition deteriorated further. The family was later informed that her kidneys were failing. The clinic, stating they had done all they could, advised transferring her to a larger government hospital. At the City General Hospital, doctors confirmed that both her kidneys and liver had failed. She was placed on a ventilator and is undergoing dialysis. She has been unconscious since the surgery, and her newborn has yet to see its mother.

The family is devastated, torn between praying for her recovery and seeking justice for the apparent negligence that led to this catastrophic outcome. A family member, overwhelmed with grief and anger, wants to pursue legal action against the clinic, which is believed to have influential connections, and is unsure of how to proceed, especially given a lack of faith in the local authorities.

Advice in such cases

Facing such a situation is emotionally and mentally draining. It is crucial to act methodically to ensure you can seek justice effectively. Here are the immediate steps you should consider:

• Preserve All Records: Immediately secure all medical records from the first hospital. This includes admission forms, doctor’s notes, nurse’s charts, prescriptions, lab reports, scan results, and the discharge/referral summary. Also, keep all bills and payment receipts. If the hospital is uncooperative, you may need to take legal steps to obtain these documents.
• Document Everything: Create a detailed timeline of events from memory. Note down who you spoke to (names of doctors, nurses), what was said, and the specific times of key events. This contemporaneous record is invaluable.
• Get a Second Opinion: The records from the second hospital (City General Hospital in this case) are crucial. Their findings on the patient’s condition upon arrival will serve as critical evidence of the harm caused by the first hospital’s negligence.
• 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

Medical negligence cases in India can be pursued through three main legal avenues simultaneously: criminal law, civil law (consumer courts), and action by professional bodies.

• Bharatiya Nyaya Sanhita, 2023 (BNS): This new penal code replaces the Indian Penal Code. The relevant sections include:
  • Section 106 of BNS: This section deals with causing death by a rash or negligent act. If the patient unfortunately succumbs, this section can be invoked against the doctors responsible.
  • Section 117 of BNS: This section pertains to causing grievous hurt by an act that endangers life or the personal safety of others. Given the patient’s organ failure and critical condition, this section is highly applicable.
• Consumer Protection Act, 2019: A patient is a ‘consumer’ and the medical services provided by a hospital are a ‘service’ under this Act. You can file a complaint in the appropriate Consumer Disputes Redressal Commission (District, State, or National, depending on the value of the claim) for deficiency in service, seeking compensation for the physical, mental, and financial damages suffered.
• The National Medical Commission (NMC): You can file a complaint with the State Medical Council against the professional misconduct of the doctors involved. If found guilty, the doctors’ licenses to practice can be suspended or permanently revoked.

If you are the complainant

As the person driving the fight for justice, your role is pivotal. You must be prepared for a challenging process.

• Gather Evidence: Your primary job is to collect and organize all the evidence mentioned above. Your lawyer will guide you on what is most important.
• File a Police Complaint: You can file a complaint at a police station. However, as per Supreme Court guidelines, the police cannot immediately arrest a doctor or register an FIR for medical negligence. They must conduct a preliminary inquiry and seek an opinion from a panel of government doctors to establish a prima facie case of negligence.
• File a Consumer Complaint: This is often the most effective route for seeking compensation. It is a civil proceeding focused on proving a ‘deficiency in service’.
• 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

When the victim is incapacitated, the family acts on their behalf to protect their rights and seek justice. The focus remains on the well-being of the patient while simultaneously building a case.

• Prioritize Medical Care: Ensure the victim receives the best possible care. The records generated during this treatment are vital evidence.
• Appoint a Representative: The next of kin (e.g., spouse, parent, or child) will legally represent the victim in all proceedings.
• Document the Aftermath: Keep a detailed log of the treatments, expenses, and the impact of the incident on the victim’s life and the family’s well-being. This includes loss of earnings, future medical costs, and the emotional trauma.
• 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 in medical negligence cases due to their complexity and specific legal requirements. They are bound by Supreme Court directives that aim to protect doctors from frivolous or malicious complaints. Typically, when you approach the police, they will not file an FIR immediately. Instead, they will record your complaint and refer the matter to a committee of expert doctors, usually from a government hospital, for a preliminary opinion. Only if this committee finds evidence of gross negligence will the police proceed with registering an FIR under the relevant sections of the BNS. This process can be slow and frustrating for the family, making legal guidance essential to ensure the police follow the correct procedure. Distrust of local police is common, but a strong complaint drafted by a lawyer, coupled with persistent follow-up, can ensure the matter is taken seriously.

FAQs people normally have

What evidence is required?

To build a strong case for medical negligence, you need comprehensive evidence. The most critical pieces include:

• Complete Medical Records: All documents from the negligent hospital and any subsequent hospitals. This includes indoor patient files, consultation notes, medication charts, and investigation reports.
• Bills and Receipts: Proof of all expenses incurred for the treatment.
• Expert Opinion: A report from an independent medical expert or a panel of doctors in the same field, opining on the negligence. Your lawyer can help you obtain this.
• Witness Testimonies: Statements from family members who witnessed the events and interactions with the hospital staff.
• Timeline of Events: A detailed, chronological account of what happened.

How long will the investigation take?

The duration of a medical negligence case varies significantly. A police investigation, including obtaining an expert opinion, can take several months. A case in the Consumer Court can take anywhere from two to five years, or even longer, depending on the complexity, the evidence presented, and appeals to higher commissions. Cases in criminal courts also have long timelines. Patience and perseverance are key. A skilled lawyer can help expedite the process wherever possible and manage the case efficiently through the legal system.

Advocate Sudhir Rao, Supreme Court of India