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How to seek compensation for mistake in operation?
09-Mar-2023 (In Criminal Law)
seekng compensation for mistake in the operation done by the doctor.
First we need to file a formal complaint then based on it we can file the case. There must be Prima facie in it before we seek compensation. If you have enough proof then you can go ahead legally seek compensation
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Adv. B. Sivasubramanian
Chennai | 200+ Answers
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You have not mentioned the incident clearly since the act done by consent in good faith, the said act is not an offense according to section 88 of IPC.But the act is done by the negligence it amounts to
#sec 336 of IPC (act endangering life/personal safety of others.)
# sec 338 of IPC (causing grevious hurt by an act endangering life or personal safety of others
&
# sec. 34 of IPC common intention.
Under the above mentioned sections the criminal case can be filed in the police station against the staffers of the hospital.
You can also approach the consumer forum for the compensation.
#sec 336 of IPC (act endangering life/personal safety of others.)
# sec 338 of IPC (causing grevious hurt by an act endangering life or personal safety of others
&
# sec. 34 of IPC common intention.
Under the above mentioned sections the criminal case can be filed in the police station against the staffers of the hospital.
You can also approach the consumer forum for the compensation.
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Adv. K Prema
Chennai | 200+ Answers
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In criminal law you cannot seek compensation, but on account of mistake of doctor, he will get imprisonment on guilty on his act. The allowance of compensation will depends upon the merits and decisions of hon'ble court.
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Adv. Prashant Rane
Aarani | 25+ Answers
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