Action as gynecologist's negligence causes baby's clavicle fracture


Hello, I want to filed a case and FIR against gynecologist. My daughter born in dec 2017 by normal delivery but after the delivery of my daughter, she was diagnosed with Clavicle fracture in her right shoulder. Since then she is not moving her right arm & hand properly and diganosed with brachial plexus. Even the doctor treated me very badly and unprofessionally.

Answers (5)


128 votes

Medical negligence is something for which you can take legal recourse against the doctor. You will have to show from the documents that the doctor was negligent. He/she did not do the basic things which were required . Plz contact me for further assistance.


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342 votes

Dear Sir/ Mam,
Please be sure what you are alleging can be proved through proper documents..Take the copies of your medical records from the concerned hospital first and then take a proper opinion.I hope this should suffice.

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200 votes

You can file a complaint under 304 A ipc and can also drag the doctor to a consumer court. you have the legal remedy available to you but you need to act fast and without any further adu go to the thana to lodge a complaint

211 votes

I would like to state that you can file a complaint at the concerned police station emphasizing on all the specific issues that led to this blunder on the part of the gynecologist. If the police does not act on our complaint, we can approach the concerned court, seeking direction for the registration of FIR.
It may be noted that upon receiving the complaint, the matter may get referred to the Delhi Medical Council or Indian Medical Council. The council with then establish a committee to analyze your issue and can also revoke the doctor's licence. Meanwhile, we will continue to pursue the criminal matter against the doctor.
I had recently filed a similar case against moolchand hospital and have gotten good success through the same line of action.

254 votes

Doctors, like most proffessions are immune from FIRs and criminal cases unless in cases of death and/or other rare occurrances.
However you can take the doctor to Court for medical negligence and deficiency in service. In case of a new born child chances of getting compensation are pretty high. You may contact me for further details and filing of complaint.

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