Legal Question in Consumer Law in India

I would like to inform you that my client was met with road accident on 6/11/2008 i.e.?6th November 2008. The jeep has given blow to my client from the back side. The injured person immediately admitted to the Government Hospital vary same day. The doctor of the Government Hospital has treated him n get X-ray report informing that it is minor fracture in the left leg. The said doctor plastered his said leg . The plaster remained on his leg from 6/11/2008 to 18/11/2008. My client had complaint of severe pain in leg.

He consulted another Private Doctor( Hospital) and he immediately advised my client to ampute the leg and after completion of legal formalities the leg was amputed?Here our question is under what circumstances/condition/situation of the leg, the doctor shall ampute the leg.

2) The doctor of the Government Hospital is liable to be punished under the head of ? Neglience?

3) which document and evidence will help us to prove his negligence. Because they hv not provided us the complete report/papers of the case.( supplied X-ray but not report)

thanking u

rekha your question here...


Asked on 7/23/09, 3:22 am

1 Answer from Attorneys
Mahesh Gupta Medico-legal Advocates and Consultants

QUESTION?

Patient A met with a road accident on 6th November 2008. He was immediately admitted to a Government Hospital on the same day. X-ray report showed, allegedly, a minor fracture in the left leg. The doctor plastered the leg . The plaster remained on his leg from 6/11/2008 to 18/11/2008. The patient had complaint of severe pain in leg. He consulted a doctor in a Private Hospital and he immediately advised amputation, which was duly carried out.

QUERIES?

1--Under what circumstances is amputation necessary?

2?Is there negligence on the part of the Government Hospital?

3?How can negligence be proved? The hospital has not provided complete medical record. Only the x-ray has been provided.

ANSWER?

Amputation would have become necessary because of gangrene, caused by either stoppage of blood supply (more likely) or gross infection, especially gas gangrene. Negligence is obvious. It is something like res ipsa locitur. Medical opinion from an expert will be sufficient to prove negligence, supported, maybe, by literature. Records can be obtained by making a written request to the hospital to supply the records within 72 hours on payment of necessary charges. The hospital is bound to do so under law. If it does not provide record, you can complain to the medical council. Records can also be obtained pursuant to a request made in the complaint itself. The complaint can be made to consumer forum or police or both.

For further help, you may contact me at 9999333801 or [email protected]

Dr. M C Gupta, MD, LL.M.

Advocate, D/857/01

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Answered on 7/23/09, 3:54 am


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