Legal Question in Medical Malpractice in India

a qualified gynaecologist conducted a normal vaginal delivery of a patient with no history of any significant illness , the male baby was born healthy , the mother developed post partum hemorrhage, and since bleeding could not be satisfactorily controlled at the charitable hospital where delivery occured, she was referred to the higher centre for blood transfusion and further management, around 3 1/2 hrs after the delivery. The patient was referred in stable condition. The attendants of the patient started arguing and shifted the patient to a distant private tertiary care hospital where the patient was explored under general anaesthesia and no intrauterine cause for bleeding was found, The coagulation profile of the patient was found severely deranged , the patient was treated in medical ICU for Disseminated Intravascular Coagulation, and discharged after 10 days.

Now the attendants allege negligence on the part of the nusing home, its staff and doctor , and demand monetary compensation for expenses incurred at the tertiary care hospital, Also the patient"s attendants gathered a mob of around 50-60 persons and tried to disrupt the OPD services of the charitable hospital on 2 separate occasions, Besides, they have written complaints against the hospital , nursing staff and the doctor , to the PMO, CM office, Health Minister, press and various other forums,

Can the charitable hospital/gynaecologist/staff file complaint or take any steps, to prevent unwarranted defamation ?


Asked on 6/27/11, 5:37 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

Yes, one may file a complaint for defamation keeping in view the two requirements: One, the defamatory statement/publication by words of mouth or gesture etc. Second, the impact on the reputation also.

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Answered on 6/27/11, 10:13 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

as per me if after all enquiries this proved to be wrong than u may file defamation.complaining for grievances may not be considered as defaming unless there is no substance .

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Answered on 6/28/11, 1:02 am


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