Legal Question in Criminal Law in India

The facts is such that a old lady having a lot of medical complications was admitted to a nursing home for treatment and she was previously treated by some other doctors before who could not help her much. A surgery was conducted with proper care and precision. There was no complication till 6 hours after the operation and she was suffering from breathing problem. Even after giving all sorts of medical assistance required she could not be saved. Later the family members of the lady ransacked the nursing home and also did not pay any medical expenses that was incurred. Later claimed that they have given Rs50,000 for the treatment and surgery.Now the family members have instituted a suit is before the consumer forum claiming a compensation of Rs 17 lakhs against an alleged medical negligence on part of a surgeon and the nursing home.

MY QUESTION:

1. Whether the Consumer forum has the jurisdiction to try a suit for claim of compensation for medical negligence?

2. Is there merit in the claim of the plaintiff?


Asked on 2/23/11, 6:28 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

1. Whether the Consumer forum has the jurisdiction to try a suit for claim of compensation for medical negligence?

Yes, the forum has the jurisdiction in the subject matter.

2. Is there merit in the claim of the plaintiff?

the merit may be examined after looking into the documents the complainant has. Mere fact that some ransacking was done, that does not by itself wipe off the negligence, if any.

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Answered on 2/23/11, 6:36 am


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