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Medical negligence what legal action I can take
03-Jul-2023 (In Medical Negligence Law)
My daughter had a total body check up done at a diagnostic and pathology center. She was further advised to get a Comprehensive Allergy Testing of Rs. 15,850 to be done. The payment of Rs. 15,850 was made in full. She was given the reports saying they were complete and was asked to collect the reports, however the results was only for 22 parameters out of 45. 23 Parameters were marked as * without an indicative Positive/Negative result as in the other 22 parameters. The pathology center insisted the report was complete. On escalation, the centre admitted they had forgotten to test. They then sent another report with 9 more parameters. 13 parameters. Its nearly 3 weeks with no response. We see this as negligence and at a cost of Rs.15,850. How should we proceed?
In your case the tests done for allergy panel needs to be seen as to what we're the parameter offered for testing and what had actually done . Moreover the advice in which conditions done for this testing needs to be checked weather there was any requirements for this or not . Also the Dr who referred this tests is an expert or not in the speciality should be seen as there is no adverse effect as of now on the health it needs to be studied as to what are the possible allergies your patient is having . Definitely there is violation of consumer protection as to the charges levied on you in contrast to the panel of allergy offered in the test . The angle of medical negligence can be considered only after examining your case papers. If you wish to file a suit on civil remedies for consumer protection or medical negligence please feel free to discuss your case.
Helpful?
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Adv. Willson Gaikwad
Mumbai | 25+ Answers
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Dear client, diagnostic and pathology centres are included in the services as and it is your right to get the proper services to other wise you have right to go in consumer courts actual the procedure of consumer courts is very simple and free from any charges you have to give complaint in 3 copies,nowadays consumer courts are very active, in your case court will order refund of your 15850 + 2000/3000 the expenditure you sustained for filing .as well as you can write letter to chairman medical council of India about the detailed facts of doctors who insisted you you do these tastes,then
Council can take strict action of such bad cut practices,nexth 22 reports were not needed that was only the extraction of money ,even you will write drafting what you are going to do to concern doctor and center you will definitely get more than what you expect, best of luck for your further action if you needs don't hesitate for contact, if like my suggestion please rate me,
Council can take strict action of such bad cut practices,nexth 22 reports were not needed that was only the extraction of money ,even you will write drafting what you are going to do to concern doctor and center you will definitely get more than what you expect, best of luck for your further action if you needs don't hesitate for contact, if like my suggestion please rate me,
Helpful?
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Adv. Vijay Kalu Wani
Pune | 200+ Answers
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