LawRato

Procedure to file case for negligence as to the operation by hospital


30-Oct-2023 (In Medical Negligence Law)
Had an injury to my arm, Went to hospital and was told that my Bicep Distal tendon had torn from my forearm. Went for scan and they confirmed this and indicated that surgery was the only option to repair the tendon. Due to time limits, the operation had to be done within 3 weeks post injury date. I was taken to there and the operation went ahead. When I came round, I was visited by the surgeon who told me that I had only badly bruised my bicep muscle and tendon and I did not need the operation. I have now been signed off work and have numbness to my forearm and fingers. the operation was done to my left arm and I am left handed. It has left me struggling until I can recover, which could take anything up to 12 weeks. Do I have a case?
Answers (1)

Answer #1
551 votes
Dear Sender,
Yes, you surely have a case. In fact, a very strong one. You may file a consumer case for deficiency in service/medical negligence as wrong professional medical advice have been given to you. The same can be substantiated by stating that the patient is duty bound to rely on the doctor's advice in the absence of his personal knowledge in the given filed. In return, the doctors are duty bound to tender an absolutely certain advice as it may engender the life of a person, let alone huge financial losses.
A plethora of judgements can also be cited to to support the abovementioned contentions.

Hope this clarifies.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."