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Pendancy and delay in hearing in a medical negligence case
13-Oct-2023 (In Consumer Court Law)
My father & I am fighting a case of medical negligence for last eight years.the district forum have verdict after 5 years of hearing in 2013 against the doctors and hospital but compensation was very low in a death case due to negligence..only 1.5 lack. Both the parties filed appeal.now it is over 3 years we are waiting for final hearing in state forum...either our no is not coming due to high no of motion hearings or opposite parties advocates systematically extends the dates for one or another reasons.my father is 80 year old with other serious illness.. What is the remedy to speed up the process
Dear
After perusal of your query it seems that opponent Hospital & Doctors had willfully delaying the matter earlier before District Forum they delayed 5 years. But now again case is pending before State Commission-
For better Legal Opinion on the issue I require the copy of verdict of District Forum, as to ascertain the actual position of the case along with copy of appeal & counter appeal.
For delay before State Commission there may be no of reasons-
Like huge pendency of cases before State Commission.
For, want of records of District Forum.
Service reports of notices of the appeal would have yet not reached to the court.
Or State Commission had admitted both appeals your appeal as well as counter appeal of Hospital for final hearings.
In case of admitted appeals, there are different scenarios for final hearings of pending appeals before different State Commission. The State Commissions who had more than one bench having 2 years old pendency of final hearing cases but other commissions who had only one bench having   5 years old pendency.
After perusal of your query it seems that opponent Hospital & Doctors had willfully delaying the matter earlier before District Forum they delayed 5 years. But now again case is pending before State Commission-
For better Legal Opinion on the issue I require the copy of verdict of District Forum, as to ascertain the actual position of the case along with copy of appeal & counter appeal.
For delay before State Commission there may be no of reasons-
Like huge pendency of cases before State Commission.
For, want of records of District Forum.
Service reports of notices of the appeal would have yet not reached to the court.
Or State Commission had admitted both appeals your appeal as well as counter appeal of Hospital for final hearings.
In case of admitted appeals, there are different scenarios for final hearings of pending appeals before different State Commission. The State Commissions who had more than one bench having 2 years old pendency of final hearing cases but other commissions who had only one bench having   5 years old pendency.
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Adv. Ramniranjan Chaturvedi
Bhopal | 200+ Answers
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