Getting relief against medical negligence caused by Doctor
26-Jun-2023 (In Medical Negligence Law)
Step by Step process in Medical Negligence cases
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First, you need to file a complaint with the police and also with the state medical council.
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However, if the complaint is only filed with the police, they can send the copy of the report to the State Medical Council themselves.
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Now, if and when the State Medical Council finds the case relevant then, they will forward the report to the appropriate courts under the relevant required sections.
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Also, if the medical negligence case is criminal in nature then, it becomes the case against the state, Thus, State versus the particular hospital or the doctor.
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Now, if the council finds the crime committed by the doctor or the hospital as grave and serious resulting in creating danger to the life of the patient then, the medical council can initiate action against the doctor by suspending his license for an appropriate time period, until the case is over.
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Later, if the doctor or the hospital is found guilty then, they might be awarded imprisonment which will be decided on the basis of the gravity of the negligence committed on their part.
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However, if the patient is not satisfied with the decision of the council, he or she can re-appeal to the Medical Council of India.
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Besides this, if the complainant is seeking monetary compensation then he can try to seek the help of the Consumer Courts. However, it should be noted that the consumer courts only give compensation and do not have the right to punish the doctor or the hospital.
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Now, if the complainant is not happy or satisfied with the decision of the consumer court, he can then appeal to the National Consumer Dispute Redressal (NCDRC) forum. They can also appeal to the Supreme Court eventually.
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