File a complaint?
You have the right to file a complaint with the local police, local medical authorities (CMO) and the Medical council of India if you have a problem getting the services you need, including quality and affordable health care coverage.
Currently there is no Central body which deals with Patient grievances on Medical Negligence.
Collection Of Evidence Related To Medical Negligence
The first and the foremost step is to gather all the medical records. Under the guidelines of the Medical council of India, the patient should get all his medical records within 72 hours from the date and time of the appointment. Now, first the patients need to be sure before filing any complaint against the doctor, so, he or she might want to consult another doctor, seeking if the medical negligence is done or not.
Step by Step Procedure –
Step 1: You have to file a complaint with local police, local CMO and state medical council. If the complaint is only filed with the police, the police can send the report to the state medical council also.
Step 2: If the State medical council finds the case relevant then, they will send the reports to the appropriate courts under relevant sections.
Step 3: If the medical negligence case is criminal in nature then, it becomes the case against state versus the particular hospital or doctor.
Step 4: If the council finds the crime done by the doctor or hospital is serious and led to the danger of the life of the patient then, the council can initiate action against the doctor by suspending his license for a relevant period of time, until the matter is finished.
Step 5: If the doctor or the hospital is proved guilty then, he can get imprisonment which will be decided on the basis of the seriousness of the negligence done on their part.
Step 6: If the patient is not satisfied with the decision of the council, he or she can again appeal to the Medical council of India.
Step 7: The complainant- if seeking for monetary compensation- can seek the help from consumer courts (it should be kept in mind that the consumer courts can only give remedy as compensation and it does not have the right to punish the doctor or the hospital).
Step 8: Now, if the complainant is not happy or satisfied with the decision of the consumer court, he can again appeal to the National consumer dispute redressal forum. They can also go to the Supreme Court further.
1. Challenges Faced By the Victims Of Medical Negligence
- Medical cases in India are very hard to win and therefore, there are a lot of challenges faced by the victims of the medical negligence. These challenges include that how can a complainant prove the doctor’s negligence? Another challenge involved is how to get a qualified lawyer?
- It takes a lot of time for a patient to prove the medical negligence and the whole process if is very tedious which results in de-motivation of the complainant.
- Sometimes, due to the reputation of the doctor or the hospital, there are more chances or them to win the case and the complainant is often stuck with nothing on his side.
- There are also chances that the doctors if themselves find out that they have been negligent, they can remove the evidence which leads to more problems for the complainant. Now, to avoid all this you should go for a lawyer who has a lot of knowledge about the tricky medical business.
- The costing of the litigation process is very high.