If you are stuck in such a situation, here is what to do.
Mr. Alok, a man in his late thirties, recently underwent a comprehensive health check-up at a renowned facility, Apex Multispecialty Hospital, in the city of Navanagar. During the review, a General Practitioner, Dr. Sharma, examined his ECG report and immediately raised an alarm, suggesting a possible heart block. Without recommending a consultation with a specialist cardiologist, he strongly pushed for a CT Angiogram.
This sudden and alarming diagnosis sent Mr. Alok into a state of shock, and he consented to the procedure on the spot. The process was not simple; it involved taking specific medications to prepare his heart for the scan and cost him approximately 20,000 INR, which had to be paid upfront. While waiting for his turn, he noticed that most other patients scheduled for the same test were well over 60 years of age, which made him uneasy.
The following day, Mr. Alok consulted a cardiologist, Dr. Verma, who was surprised to learn about the CT Angiogram, stating that based on the initial reports, the test was not necessary. When Mr. Alok met Dr. Sharma again with the scan results, the GP casually mentioned that everything was normal and there was nothing to worry about. Mr. Alok felt exploited, believing the doctor had preyed on his fear to recommend an expensive and unnecessary procedure with potential side effects. He felt this was a clear case of unethical medical practice and wanted to know how he could report the doctor to prevent others from facing a similar ordeal.
Advice in such cases
Gather All Documents: Collect all medical records, including the initial ECG, the prescription for the CT Angiogram, the report of the scan, payment receipts, and any other communication with the hospital or doctor.
Get a Second Opinion: As the individual did, obtaining a written opinion from another qualified doctor (preferably a specialist) is crucial. This second opinion can serve as expert evidence that the procedure was unnecessary.
Document Everything: Write down a detailed timeline of events, including dates, names of the doctors and staff you interacted with, and what was said during each conversation.
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 and unethical practices are primarily dealt with under three domains in India:
The Consumer Protection Act, 2019: A patient is considered a ‘consumer’ and the medical service availed is a ‘service’. If there is a deficiency in service, such as performing an unnecessary procedure for financial gain, a complaint can be filed in the appropriate Consumer Disputes Redressal Commission (District, State, or National, depending on the value of the claim).
The National Medical Commission (NMC): The NMC Act, 2019, governs the conduct of medical practitioners in India. Unethical conduct, including performing unnecessary procedures, is a violation of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations. A complaint can be filed with the State Medical Council, which has the power to take disciplinary action against the doctor, ranging from a warning to suspension or even permanent removal of their license to practice.
Bharatiya Nyaya Sanhita, 2023 (BNS): While proving criminal negligence is difficult and has a high threshold, certain acts could potentially fall under sections related to cheating or causing hurt by a rash or negligent act. Specifically, Section 113 of the BNS deals with causing death by negligence, which requires a very high degree of negligence. For non-fatal cases, civil remedies are more common and effective.
If you are the complainant
File a Complaint with the State Medical Council: Draft a formal complaint detailing the entire incident, supported by all evidence. This is the primary body for addressing professional misconduct by doctors.
Approach the Consumer Court: You can simultaneously file a case in the consumer court seeking compensation for the financial loss, mental agony, and harassment caused by the unnecessary procedure.
Send a Legal Notice: Through a lawyer, you can send a legal notice to the doctor and the hospital, demanding an apology and compensation. This often leads to a settlement without prolonged litigation.
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
Prioritize Your Well-being: The first step is to ensure your health is not at risk. Follow the advice of the second, more trustworthy doctor you consulted.
Understand Your Rights: You have the right to competent medical care and the right to question a doctor’s advice. You also have the right to seek redressal for any harm or financial loss caused by unethical practices.
Do Not Be Intimidated: Hospitals and doctors may try to downplay the incident. Stand firm and pursue your complaint through the proper legal and regulatory channels.
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 generally reluctant to get involved in cases of medical negligence unless there is clear evidence of a criminal act (like death due to gross negligence). Following Supreme Court guidelines, they will not immediately register an FIR against a doctor. They will typically conduct a preliminary inquiry and seek an opinion from a panel of government doctors before proceeding. In cases like this, which primarily concern unethical practice and financial exploitation rather than immediate physical harm, the police would likely direct the complainant to the State Medical Council or the Consumer Court, as these are the appropriate forums.
FAQs people normally have
What evidence is required?
To build a strong case, you will need:
All medical reports, including the initial test (ECG) and the unnecessary procedure (CT Angiogram).
All bills and receipts for consultations, tests, and medications.
A written second opinion from another credible doctor stating that the procedure was not required.
A detailed personal statement outlining the sequence of events and conversations.
Any correspondence (emails, messages) with the hospital or doctor.
How long will the investigation take?
The duration varies greatly depending on the chosen path:
State Medical Council: The process can take anywhere from 6 months to over 2 years, depending on the council’s workload and the complexity of the case.
Consumer Court: While designed for speedy redressal, cases can still take 1 to 3 years to reach a final decision, especially if appeals are filed.
Legal Notice/Settlement: This can be the fastest route, potentially resolving the matter within a few months if the other party is willing to negotiate.
Advocate Sudhir Rao, Supreme Court of India