Legal Question in Medical Malpractice in India

unnecessary detention in a mental hoapital

I was coaxed into going to a mental hospital by one of my relative and there I was forcibly detained without any reception order or any prior medical examination. They coerced my mother into signing a consent form. There I was kept under a fake name and was given heavy sedation for no reason. I was also made to do some ink blot like tests. My medicine was changed at least thrice. I was confined in a dungeon like place, they called the high risk. I was released after 9 days on the 30th of july. I was given a handwritten discharge paper on which the period of confinement is mentioned as 9 days. Then I was given a printed discharge summary on the 30th of August in which the period of confinement is mentioned as 14 days. Do I have a case against the doctor or against my relative or against both? Under what provisions can I sue them? Since even no doctor of the hospital, leave alone a government doctor examine me; was it a case of illegal confinement? And on account of the fake name and inconsistency in the number of days mentioned in both the documents, can I sue the hospital for frausd also? Should I lodge an FIR or is it too late? Can I claim some compensation also? Which court should I approach? Can I demand anonymity during trial?


Asked on 9/05/07, 1:32 pm

1 Answer from Attorneys
Mahesh Gupta Medico-legal Advocates and Consultants

Re: unnecessary detention in a mental hoapital

1. You can move on four platforms simultaneously. A. Police complaint [There is no limitation period for this, but sooner, the better]; B. Consumer court, asking for compensation from hospital / doctor; C. Complaint to medical council, asking for cancellation of doctor's license to practice; D. Complaint to State Health Directorate, requesting for action against the hospital under the State's Hospital and Nursing Home Act (if any, or, even, otherwise).

2. You can demand anonymity.

3. For further help, please contact directly.

M C Gupta

MD, LL.M.

Advocate

[email protected]

Read more
Answered on 9/08/07, 1:11 am


Related Questions & Answers

More Medical Malpractice Law questions and answers in India