Legal Question in Consumer Law in India

Sameer admitted his only infant son in a private nursing home. As a result of strong dose of medicine

administered by the nursing attendant, the child became mentally retarded. Sameer wants to make a compliant

under the Consumer Protection Act seeking relief by way of compensation on the ground that there was

deficiency in service by the nursing home. Does his complaint give rise to a consumer dispute? How is the

consumer in this


Asked on 6/20/10, 7:09 am

2 Answers from Attorneys
Mantosh Sarkar M.Sarkar & Associates

First you get all prescription, write a complain to the respective Chief medical officer of the

District as well as register a complain with local police station, also write to the Medical

council of india for necessary action. The point is whether doctor prescribed such dose

or nurse mistakenly administered high dose, if nurse mistakenly does so she will be subject

of negligence, first identify whose fault is? further gather all necessary record and information.

In medical negligence a panel of expert doctors will probe the matter.To prove a medical

negligence require huge ground work and hard too.

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Answered on 6/20/10, 6:04 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Incomplete statement. Not for opinion on this Forum.

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Answered on 6/22/10, 1:27 am


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