queshow to file a case of medical negligence which happened 5 yrs back?

My mother died at pune hospital due to negligence.the hospital not capable of handling critical case kept the patient till last hour and then referred to another hospital.this happened 5 yrs back in 2010.I want to file a criminal case as well as negligence case against hospital.is it possible?how can I file case?

  • ansYes you may file a criminal complaint with your concerned police station against the said act of negligence by the hospital and treating doctor. But you have to prove it that how the act of negligence was done at their part. And why you take so much time to act on the issue. 

    The as a general rule you may approach to appropriate consumer forum to file your claim against the act of negligence done by the doctor with in the period of 2 yrs. from the date of cause of action under section 24A. 
    But in a recent judgement the “Discovery Rule” evolved by the Courts in United
    States has been recently applied by the Hon?ble Supreme Court of India in a case decided on 20th October 2010. 

    In this case the patient was employed as a Nurse in Government Hospital, Goa, she had no reason to suspect that gauze might have been left in her abdomen at the time of surgery performed in November, 1993 and the Gujarat State Commission was not at all justified in non suiting her on the premise that the cause of action had accrued in
    the year 1993 and complaint filed in the year 25.10.2002. But the Supreme Court by applying "Discovery Rule" allowed the petition.

    So in your case you have to prove the reason of delay in filing you petition after such a long time.

  • ansHi Dear,

    yes you may file a criminal complaint with your concerned police station against the said act of negligence by the hospital and treating doctor. But you have to prove it that how the act of negligence was done at their part. And why you take so much time to act on the issue.

    The as a general rule you may approach to appropriate consumer forum to file your claim against the act of negligence done by the doctor with in the period of 2 yrs. from the date of cause of action under section 24A.
    But in a recent judgement the “Discovery Rule” evolved by the Courts in United
    States has been recently applied by the Hon?ble Supreme Court of India in a case decided on 20th October 2010.

    In this case the patient was employed as a Nurse in Government Hospital, Goa, she had no reason to suspect that gauze might have been left in her abdomen at the time of surgery performed in November, 1993 and the Gujarat State Commission was not at all justified in non suiting her on the premise that the cause of action had accrued in
    the year 1993 and complaint filed in the year 25.10.2002. But the Supreme Court by applying "Discovery Rule" allowed the petition.

    So in your case you have to prove the reason of delay in filing you petition after such a long time.

    Thanks
    Adv Mohan S.

    Advocate Mohan S

      Janakpuri, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Medical Negligence Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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