Medical Negligencey by doctor in Max Super Speciality Hospital Lucknow

753 votes

the medical negligence is punished under tort law it will punishable with compensation and damages there are many judgements to this effect under the act the compensation will be as per the multiplier principle

Advocate Spiti Sarkar LawRato

767 votes

If , it is for monetary Compensation file , for compensation in medical negligence death cases via Consumer Court under laid laws as deficiency in service. Criminal Courts don't/rarely award Compensation. for more contact us

Advocate Aakash Sharma LawRato

911 votes

In cases of death due to medical negligence, the legal remedy for compensation can be pursued through multiple routes in India, depending on the facts of the case. 1. Criminal case If there is gross negligence, you can file an FIR against the doctor/hospital under Section 304A of the Indian Penal Code (causing death by negligence). Police will investigate and, if negligence is proved, prosecution will follow. However, criminal proceedings mainly deal with punishment, not compensation. 2. Consumer court (most common remedy) You can file a complaint before the Consumer Commission under the Consumer Protection Act, 2019 for deficiency in medical services. Process: * File complaint with medical records, bills, and proof of negligence * Expert opinion may be required * Court hears both sides and may award compensation 3. Civil suit for damages You can file a civil suit for compensation in a civil court claiming damages for loss, mental agony, and financial dependency. This process is comparatively longer but compensation can be substantial. 4. Medical Council complaint You can also file a complaint before the State Medical Council against the doctor for professional misconduct. This may lead to suspension or cancellation of license. Compensation amount depends on factors like age of deceased, income, dependency of family members, and severity of negligence. Important documents required: * Medical records and prescriptions * Hospital bills and discharge summary * Death certificate * Any expert medical opinion It is advisable to first collect all records and then proceed with consumer case along with criminal complaint if strong negligence is involved.

Advocate Aprajita Shukla LawRato

597 votes

you can lodge first information report in police and during the investigation if police filed chargesheet against that doctor then you can go to consumer forum for gross medical negligence and loss if you want to know in detail then you can contact me then i ca help you legally in better way.

Advocate Ankit Singh LawRato

997 votes

file a medical negligence case in the consumer forum stating your grievance and annexed all the hospital bills and what negligence has been done and it depends upon the claim amount you can also file your case direct before the state consumer forum. take the help of some advocate

Advocate Mohit Singh Rajput LawRato