Can Medical Negligence Cases Be Filed At NCDRC?

Answer:

Medical negligence cases can reach NCDRC if they fulfill applicable jurisdictional limits or comes to NCDRC through appeal or revision. These cases are handled sensitively because health and life are involved. Medical negligence also requires review of expert evidence, understanding of duty by doctor or medical staff, and making serious allegations against doctor, hospital, diagnostic centre, or medical service provider. It should not be filed on a whim. Record of hospital, medical history, treatment papers, expert opinion (if any), and reasonable negligence allegations must be shown.

Doctor can be negligent by administering wrong treatment, wrong surgery, failing to diagnose, delaying treatment, negligence in taking consent, providing wrong medicine, hospital infection, negligent care during post-operation period, or not following accepted medical standards in treatment. However, if the patient passes away or suffers complication during treatment, it does not automatically imply negligence. Proper cause of negligent act must be shown in complaint.

Documents which may help include doctor’s prescription, patient’s admission record, discharge summary, investigation/reports, bills paid, consent form if any, medical expert opinion, pictures of injury or wrong treatment, death summary (if death occurred), or correspondence with hospital. Drafting should be respectful yet assertive. Harsh allegations without any medical proof can hurt the case.

LEGAL365 and Advocate BK Singh ask clients detailed questions about medical treatment and records before proceeding with consumer complaint. We review doctor’s statements, medical history and bills before concluding whether consumer has legal right to file complaint. Medical negligence cases require proper review of evidence because consumer forum will take time to decide medical negligence claims and hear technical medical evidence.