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Psychiatrist over prescribing medicines and want to take legal action


08-Sep-2024 (In Medical Negligence Law)
Hi, I went to a phycaitrist in jasola vihar to seek help for my mental health. I now realised that he was giving me medicine for mental issues that I didn't even have. Hello prescribed me nearly every type of phycaitrist meds, including antiphycotics, anti adhd, antidepressants, anti anxiety, and also a medicine called pacitane that helps with parkinsons but I never had parkinsons. I was taking his medicine for a good chunk of the year 2019. Can I take legal action against the doctor?
Answers (1)

Answer #1
757 votes
Yes, you can take legal action against the psychiatrist for medical negligence and malpractice. Prescribing psychiatric medications without proper diagnosis or justification can lead to severe physical and mental health consequences. The first step is to obtain your medical records, prescriptions, and any diagnostic reports from the doctor. Consult a medical expert to review these documents to establish that the treatment was inappropriate and harmful. Based on this evidence, you can file a complaint with the Medical Council of India (MCI) for disciplinary action against the doctor. Additionally, you can initiate a consumer complaint in the Consumer Forum for deficiency in service and claim compensation for the mental and physical harm suffered. If there is evidence of gross negligence, a criminal case under Section 304A of the IPC for causing harm by rash or negligent acts may also be pursued. Taking these steps will hold the psychiatrist accountable for his actions.
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