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Wrong treatment caused death of my wife want to take legal action
09-Jun-2023 (In Medical Negligence Law)
My wife was suffering from Leukemia, was taking treatment from AIIMS, the Treating Doctor suggested Autologous Bone Marrow transplant, which is actually not recommended in the type of Leukemia she had. After treatment she relapsed in 3 months and expired. I was in great grief since last six months after my wife expired. Can I take legal action against the Doctor now. He is one of the very reputed Doctor of AIIMS.
Sir, I am really sorry for your loss.
At the outset it seems that you have a strong case against the doctor for medical negligence, however I will be able to help you better once I discuss the case in detail. Shall be able to provide you with detailed possible solutions then.
Please feel free to contact for further conference on the case.
Regards
Agir Gupta
Advocate
At the outset it seems that you have a strong case against the doctor for medical negligence, however I will be able to help you better once I discuss the case in detail. Shall be able to provide you with detailed possible solutions then.
Please feel free to contact for further conference on the case.
Regards
Agir Gupta
Advocate
Helpful?
Adv. Agir Gupta
Delhi | 25+ Answers
CONTACT NOW
There are two ways to initiate legal cases against the treating, for his negligence, such as criminal and Medico legal complaint.
For both cases prerequisite condition are to have medical opinion, which can prove negligent on the part of treating and consideration paid for the service.
Since AIIMS is a government concern and service taken or given without consideration, thus you cannot define or prove yourself as consumer for Medici legal complaint.
For criminal complaint has to prove that treating doctor is negligent at his profession, ironically doctor or board constituted by doctor for doctor, to opinion on doctor negligence.
You can have answer of it own. Even though, it is not helpful then do further write.
Supreme Court has beautifully writes about medical negligence and it recourse or perception are, in Jacob vs. State 2005.
For both cases prerequisite condition are to have medical opinion, which can prove negligent on the part of treating and consideration paid for the service.
Since AIIMS is a government concern and service taken or given without consideration, thus you cannot define or prove yourself as consumer for Medici legal complaint.
For criminal complaint has to prove that treating doctor is negligent at his profession, ironically doctor or board constituted by doctor for doctor, to opinion on doctor negligence.
You can have answer of it own. Even though, it is not helpful then do further write.
Supreme Court has beautifully writes about medical negligence and it recourse or perception are, in Jacob vs. State 2005.
Helpful?
Adv. Naresh Panwar
Delhi | 25+ Answers
CONTACT NOW
sir really sorry for your loss. this is a gross negligence on part of the doctor and law gives you full opportunity to approach the court to take action against the offence committed by the doctor in criminal court as well as consumer court
Helpful?
Adv. Palak Nenwani
Delhi | 100+ Answers
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