Medical negligence by Indian doctors can I sue them for this crime
07-Sep-2023 (In Consumer Court Law)
I was operated for an ACL reconstruction in 2014. My leg was supposed to heal within 6 months. I visited my doctor multiple times and he never did an examination, if my leg was stable or not when I repeatedly told him that it was painful and not working fully. I left India in 2015 to pursue my Master's in USA. I recently went to an Orthopaedics surgeon here and he told me that my ACL graft is not functioning. I was told by my doctor in India that he'll use a Xenograft to do my surgery which is using a horse's ligament for a graft. My new doctor in USA wanted to use a part of my hamstring for the same surgery. I underwent another surgery and post my surgery he tells me that he was unable to find the part of my hamstring which he wanted to use for my surgery. His conclusion, my hamstring was taken out by my Indian doctor. My question: Should I be suing him for medical negligence and stealing a part of my hamstring?
Yes, you have all the rights and reason to sue the Indian doctor. It is a clear case of cheating and deficiency in service. The appropriate remedy shall be to file a consumer complaint and asking for damages. In the meanwhile you can also file complaints against the doctor with the MCI. You can also threaten the doctor with police complaint. At the end of the day, i see the doctor ending up paying you a hefty compensation.
It's a clear case of medical negligence but you have to prove that you are not having hamstring at the time of second surgery and it is present in every body and the same has been removed by the doctor in India
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