Legal Question in Medical Malpractice in India

Death while treatment in nursing home

Respected Sir,

My younger brother was suffering from brain cancer and had got operated thrice for the same but was alive with hemiplegia and getting recovery as per Neurosurgeon and CT scans. But last month he died while getting treatment in a nursing home where he was admitted for ''not passing motion'' for some days and some problem in abdomen. Lateron he developed pneumonia as informed by the doctor-incharge and shifted to ICU of that nursing home but he died due to negligency in treatment and incompetent staff of the nursing home. He remained several days in ICU. Sir, he had been recovering form such a fatal desease (brain cancer) but died due to sheer negligence of this nursing home, which how can I prove I donot know. Hence, I would like to know that what kind of justice is available for me? Can I file a case in the consumer court and in that circumstance what documents would I require.

I hope that you will understand my problem and suggest a suitable way for getting justice.

With regards.


Asked on 9/20/06, 4:08 am

2 Answers from Attorneys
Mahesh Gupta Medico-legal Advocates and Consultants

Re: Death while treatment in nursing home

Q-- I would like to know that what kind of justice is available for me.

A�ONE, Consumer complaint; TWO, complaint to medical council.

**

Q-- Can I file a case in the consumer court?

A.-- Yes.

**

Q-- what documents would I require?

A�ONE, all your medical record available with you; TWO, mean-time, ask the hospital to provide copy of medical record available with them, on payment of necessary charges; THREE, proof of medical negligence [opinion of medical expert / evidence from medical literature that the treatment was done in a negligent manner].

Q-- I hope that you will understand my problem and suggest a suitable way for getting justice.

A.�On the face of it, I feel it not very likely that negligence has been committed. However, I can�t be sure without having a look at the treatment record myself or knowing about the opinion of other medical experts. For further help or guidance, please contact me at [email protected]

Dr. M C Gupta

MBBS [AIIMS], MD, Internal Medicine [AIIMS], MPH [San Carlos Univ.]

LL.B. [DU], LL.M. [KUK]

Fellow, United Nations University

Ex-Professor & Dean:

National Institute of Health and Family Welfare

Ex-Additional Professor:

All India Institute of Medical Sciences

Advocate

Health and Medico-legal Consultant

Member, Supreme Court Bar Association

Member, Indian Law Institute

[email protected]

[email protected]

http://www.medindia.net/myhome/mcgupta44

www.writing.com/authors/mcgupta44

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Answered on 9/21/06, 12:00 am
Vishwa Arya Arya & Co.

Re: Death while treatment in nursing home

Dear Gentleman:

There is no doubt that you may file a case before the consumer court for the medical negligence. However, one needs to see the documents and precipitate the negligence, if any on the part of the doctor or the nursing home. Entire details with medical record and history has to be gone through. You must first consult a doctor to see if there was negligence. Once you find that there are evidence to that effect, you certainly can go the consumer court for seeking redressal of your complaint.

Bhushan Arya

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Answered on 9/20/06, 8:08 am


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