How can I file a case against a hospital for negligence?

Filing a case against a hospital for negligence involves taking legal action when a hospital or its staff has caused harm to a patient due to a breach of duty, lack of care, or professional misconduct. Indian laws, primarily governed by the Consumer Protection Act, 2019 and other specific laws, allow patients to seek justice for medical negligence. Here's a detailed guide on how to file such a case:

What is Medical Negligence?

Medical negligence occurs when a hospital or healthcare professional fails to meet the reasonable standard of care expected in the treatment of a patient, resulting in harm, injury, or death. Examples include:

- Incorrect diagnosis.

- Delay in treatment leading to harm.

- Use of defective equipment or expired medications.

- Unhygienic hospital conditions causing infections.

- Surgical errors.

- Lack of proper consent for medical procedures.

Legal Provisions for Medical Negligence in India

1. Consumer Protection Act, 2019

- Hospitals and healthcare providers fall under "service providers."

- Patients are considered "consumers" if they pay for medical services.

- Cases can be filed in consumer forums for compensation due to negligence.

2. Bharatiya Nyaya Sanhita, 2023 (BNS)

- Under Section 106, negligence leading to death can result in criminal charges.

3. Tort Law

- Patients can file civil suits for damages caused by medical negligence.

4. Specific Medical Laws

- Clinical Establishments Act, 2010 mandates standards for hospital care.

- State-specific acts and healthcare regulations may also apply.

Steps to File a Case for Medical Negligence

1. Gather Evidence

To establish negligence, you must gather comprehensive evidence, including:

- Medical reports, prescriptions, bills, and test results.

- Discharge summary detailing treatment.

- Communication with the hospital (emails, messages, or written complaints).

- Witness statements from other patients, relatives, or medical staff.

- Expert opinion from another medical professional supporting your claim of negligence.

2. Send a Legal Notice to the Hospital

- A well-drafted legal notice must be sent to the hospital, highlighting:

- Details of negligence.

- Harm caused due to the negligence.

- Compensation or relief sought.

- This gives the hospital an opportunity to settle the matter without going to court.

3. Decide the Type of Legal Action

- Consumer Case:

File a complaint under the Consumer Protection Act, 2019, to claim compensation for the deficiency in service.

- Criminal Case:

File an FIR or complaint in court if the negligence involves gross misconduct or leads to death or serious harm.

- Civil Suit:

File a case for damages under tort law if financial losses or pain were caused by negligence.

4. File the Complaint in the Appropriate Forum

Depending on the claim amount, the case must be filed in the relevant consumer forum:

- District Consumer Disputes Redressal Commission (DCDRC): Claims up to ?50 lakhs.

- State Consumer Disputes Redressal Commission (SCDRC): Claims between ?50 lakhs and ?2 crores.

- National Consumer Disputes Redressal Commission (NCDRC): Claims above ?2 crores.

5. Prepare and Submit Your Complaint

The complaint must include:

- Personal details and details of the hospital/doctor.

- Complete description of the negligent act or omission.

- Copies of all evidence.

- The relief sought (compensation, apology, or corrective action).

- Payment of nominal court fees based on the claim amount.

6. Attend Hearings and Present Evidence

Participate in hearings, present evidence, and argue your case. You may do this personally or engage a lawyer experienced in medical negligence cases.

7. Obtain the Judgment

The court or forum will decide the case based on evidence and legal arguments. If the judgment is in your favor, the hospital may be directed to:

- Compensate you for physical, emotional, and financial harm.

- Rectify any wrongdoing.

- Apologize for the inconvenience caused.

How to Calculate Compensation

Compensation in medical negligence cases can include:

- Medical Expenses: Costs incurred due to improper treatment or corrective care.

- Loss of Income: Earnings lost due to the injury or prolonged illness.

- Pain and Suffering: Physical or mental agony endured due to negligence.

- Punitive Damages: To penalize the hospital for gross negligence.

Time Limit for Filing a Complaint

Under the Consumer Protection Act, 2019, you must file the complaint within two years from the date of negligence or knowledge of harm. Courts may condone delays if you provide valid reasons.

FAQs

Q1: Can I file a case if the treatment was free?

Under the Consumer Protection Act, only paid services are covered. However, free treatments may still be challenged under criminal law or tort law.

Q2: Can I hold a specific doctor accountable along with the hospital?

Yes, both the doctor and the hospital can be held liable if they contributed to the negligence.

Q3: What if the hospital denies the negligence?

You can counter their claims with strong evidence and medical expert opinions.

Q4: Do I need a lawyer?

Although you can file a consumer case yourself, it is advisable to engage a lawyer experienced in medical negligence for complex or high-value claims.

Q5: How long does it take to resolve medical negligence cases?

Medical negligence cases can take several months to years, depending on the complexity of the case and the forum's caseload.

Precautions to Avoid Medical Negligence

- Always request a written copy of treatment plans, prescriptions, and test results.

- Seek second opinions for critical treatments or diagnoses.

- Maintain a record of all medical interactions and payments.

- Read and understand consent forms before agreeing to procedures.

Conclusion

Filing a case against a hospital for negligence is a methodical process requiring proper documentation and legal guidance. Patients harmed by substandard medical care have the right to seek justice and compensation. By following the steps outlined above, you can effectively present your case and hold the hospital accountable for its actions. Consulting a legal professional can greatly enhance the success of your claim.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

www.jsrohilla.in