Legal Question in Medical Malpractice in India

Re: consumer courts

Sir,

We note that the Consumer Court has dismissed the case. When you refer to the patient having filed a case in the District Court we assume that a civil suit has been filed. You do not indicate what is the nature of relief sought in the civil suit. You state that the patient has not even paid you. We also do not know at what stage the suit is presently. Have you made a counter claim in the suit for the amount due to you ? If not you could do it even now if your claim is within the period of limitation i.e within three years from the date when it became due to you.Ofcourse you would have to pay Court fee thereon and you would have to amend your written statement, if you have already filed one.Merely because the Presiding Officer is suggesting that you settle the matter out of Court does not mean that you do so. In a civil trial a great deal depends on the nature and quality of evidence you let in. You could even summon third parties who have personal knowledge of the facts of the case. You could also summon experts to depose on your behalf. A great deal would depend on how your Counsel conducts your case and trial. A certified copy of the judgment in the Consumer case should also be marked as an exhibit before the District Court so should your entire hospital record to substantiate your defence. This you must ensure. The witnesses you produce must speak to these facts and mark these documents. In case you do not have confidence in the Judge you could explore the possibility of transfer of the case. In case that is not possible (as it is the District Court)then there are always appeals/revisions available where ever applicable.You state that the primary and secondary surgeons were never cross-examined. But were they examined-in-chief by your Counsel on your behalf. In case they were examined by your Counsel as your witnesses and were not cross-examined by the Plaintiff's (Patients) Counsel then their testimony has to be treated as proved. Proved in your favour.Any number of witnesses can be called by you to depose i.e give evidence on your behalf. You could tie the hands of the Court by the extensive,detailed and specific evidence that you provide to the Court to establish your defence. Your seriousness in pursuing your counter claim for the amount due to you would also go a long way in convincing the Trial Court of your total and complete professionalism and genuineness of your case. This could also help your case before the Appellate Courts.

Re: consumer courts

Sir,

1) The complainant has approaced the Dist.Court, whereas the proper and appropriate remedy for him is to approach the Appelate Forum against the Order of the Lower Forum. So Kindly discuss this aspect with your legal adviser.

2) Under medical negligence medical fees does not captivate much of importance, other than the circumstances that your hospital is a induged in charity function offering free of cost services.

3) Since the complainant has to prove his case of medical negligence and he is the appellate, so at no point of time your under burden to prove that there was no medical negligence. So let the complainant make all possible affords to prove his case, if the complaiant has not examined necessary witnessess then he will be the sufferer. And if he desired to do so, objection regarding the same can be taken at this stage.

4) If the judge gives verdict in favour of the complaiant, then u can approach the higher appellate court. (But first consider the discussion made under para 1)