Second appeal for rti because 1st appeal is not answered properly

650 votes

Respected sir, you need to immediately file a second appeal before the Hon'ble CIC within 90 days from the date of decision of the first appeal. Usually, the earlier you move to the CIC, the better it is, as there is a huge cue waiting before you for their hearing. I've noticed this several times that filing a second appeal and getting it listed for hearing is a hassle, but if you have the right advocate, who knows how to list it fast, you have good chances for your hearing there. Plus, it's a golden period as there have been recent appointments of some new CIC commissioners in the recent past, which means better chances of early listing of your matter.

Advocate Puneet Srivastava LawRato

875 votes

An RTI application is meant to extract information and records, not to secure redress. The lack of response from the hospital authorities after internal emails and an admitted prescription error actually strengthens your position, as it shows administrative silence and avoidance. Under the RTI Act, the Public Information Officer is legally bound to respond within 30 days. If no reply is received within that period, a First Appeal must be filed under Section 19(1) of the RTI Act before the designated First Appellate Authority of the same hospital or department. If the First Appeal is ignored or rejected, a Second Appeal can be filed before the Central Information Commission. The Commission has the power to direct disclosure of information and to impose penalties for delay or suppression. Independently of the RTI process, you should preserve all material evidence, including the email in which the doctor acknowledged the prescription error, medical records, prescriptions, investigation reports, and all correspondence exchanged with the hospital authorities. That written acknowledgment is a crucial admission and has evidentiary value. You are not required to wait for internal hospital action indefinitely. A formal complaint can be made to the State Medical Council or the National Medical Commission alleging professional misconduct and medical negligence. Such bodies can initiate disciplinary proceedings irrespective of the hospital’s internal response. If the negligence resulted in physical harm, prolonged treatment, financial loss, or mental suffering, a case for medical negligence can be initiated before the appropriate Consumer Commission. Government hospitals are also amenable to such proceedings in appropriate circumstances. The admitted prescription error will be a material piece of evidence in such proceedings. Where the negligence is gross and has caused serious injury, criminal remedies may also be examined, but this must be done cautiously and strictly based on medical facts and expert opinion. If there is any intimidation, retaliation, or adverse action because of the RTI or complaints, that conduct itself is legally actionable as abuse of authority. In summary, the RTI route should be used to secure records and internal file notings, while accountability and relief lie through medical council proceedings, consumer law remedies, or other appropriate legal action depending on the extent of harm caused.

Advocate Yuganshu Sharma LawRato

722 votes

Complaint to State Medical Council / NMC File a detailed complaint before the Delhi Medical Council (now under NMC) enclosing email admission, prescription, RTI proof and patient records. Seek disciplinary action against the doctor and HOD. 3. Legal Notice to Hospital & Doctors Send a legal notice demanding compensation for negligence, mental agony and medical expenses, and seeking explanation for suppression of inquiry. 4. Consumer Complaint / Civil Suit File a complaint before the District Consumer Commission for deficiency in medical service and negligence. You can claim compensation for physical injury, future treatment cost and harassment.

Advocate Madhvi Chopra LawRato

866 votes

The written acknowledgment of prescription error is crucial evidence. You may pursue action for medical negligence before the Consumer Commission or Criminal Court under 106(1) BNS depending the prescription caused harm to your health or had any allergic effect.

Advocate Keshav Agarwal LawRato

879 votes

Based on the admission of prescription error by the doctor, you have a strong case for medical negligence. You should file a formal complaint with the State Medical Council and consider a consumer court claim for compensation. Since the RTI is pending, wait for the official response to use as further evidence. Keep all email records safe as they serve as written proof of negligence.

Advocate Pankaj Bajaj LawRato