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What can I do if there has been a foul play by the doctors?


18-Dec-2023 (In Medical Negligence Law)
Sir, how can i sue a doctor or what remedies do i have in this case. Situation is of a government hospital.. a female patient who was to be operated for her gayne problem got admitted to the hospital on 12th december and 14th dec was fixed as her operation date. As per the pre operation medication she was told not to eat from 8 pm on 13th dec till 6pm 14th dec..As per the list given by the department she was having the last number i.e. 4th no. To be operated and without citing any reasons her operation was not conducted. The same happened on 18th dec. the 2nd time she was to be operated and this time her no. Was 2 in the list. And the no. 3 patient used some jack or approach and was operated in her place and she was again left without operation. This is a clear foul play done by the doctors of a top government hospital in capital.
Answers (3)

Answer #1
652 votes
There must be hardship for patient, but the same should be immedately protest to concern head of department.

consumer fora has very limited role and cannot force goverment hospital because patient is not consumer, as consideration amount is not paid for service used.
Answer #2
513 votes
The 2 important aspects to be proved:-

1. Did The Delay Amount to Negligence?
2. Did The Delay Cause Harm?

If the above 2 points can be proved beyond reasonable doubt then only a suit for medical negligence may be filed.

A medical experts testimony shall be required regarding Point no.1. Photocopies of papers showing the assigned date and time of operation must be procured. Starvation of patient and the ill effects of delay need to be proved by medical tests detailing the harm caused. Mental agony and anxiety caused to patient and family attendants can be cited.
Answer #3
643 votes
Yes , this is a gross negligence and partiality between the peoples and this should be stop
You can sue the doctors / person for the damages caused to you as well as for mental agony and harassment but for that you need to have proof that can show that you were not given equal treatment or value as alleged in ur query.

Sandeep Sini
Asvocate

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