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Ranjan Paul   05 September 2024

Medical negligence

Hi there. I had a road injury around 14 days ago and i was unconscious at that time. My friend took me to a nearby hospital where they did not diagnosed me, instead they gave me a painkiller injection and discharged by referring to another hospital(anywhere). Now at that time i got my consciousness back and went to another nearby hospital by myself. And then the next hospital guys sent me for opd consultation without even seeing the first prescripttion. They did not check anything related to my unconsciousness and took a xray of me and discharged by saying you have a clavicle/collarbone fracture and adviced me for no surgery which is upto me. Now the insurance company not covering any of my opd treatment as they don't cover unless 24 hours of hospitalization. 



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 7 Replies

T. Kalaiselvan, Advocate (Advocate)     05 September 2024

There seems to be no medical negligence on the part of the hospital nor the doctors who have seen you. 

If the insurance policy doesn't cover the OPD expenses then you cannot claim it as a right. 

What exactly is your problem?

 

Dr. J C Vashista (Advocate )     06 September 2024

What do you intend to communicate is not clear.

It is still doubtful that you got such greivious injury that you became unconscience and someone else took you to nearby hospital who did not examine, gave a painkiller injection and discharged where you recovered your conscience.

Prima facie it is like a drama or dream but unbelievable and fabricated story.

Real Soul.... (LEGAL)     06 September 2024

You should file consumer complaint against Insurance company and the Hospital jointly, the hospital will submit its reply and that will be enough evidance for insurance claim,. However this cannot betreated as medical negligence but your claim should be against Insurance compnay 

Advocate Bhartesh goyal (advocate)     06 September 2024

No case of medical negligence and deficiency of services against Hospital, doctor and insurance is made out on given facts.Merely hospitilization for 24 hours does not  mean deficiency of services or medical  negligence. 

 

Ranjan Paul   06 September 2024

Hi there. To all of you advocate sir, i genuinely appreciate all of your answers and opinion from my heart. But please for once look by my POV which is that at that day i was unconscious after the road injury. Let me clear all of doubts too that sir too who thinks it's a made up story too. I already contain every single slip and prescripttion already. Now, before starting i want to tell you all that i went into 2 different hospital at that day. First was in unconscious condition by my friend. Second one was by me as i got my consciousness back in that first hospital. The first hospital Deck guy I don't know he was a doctor or not clearly mentioned about my unconsciousness and bone fracture already. I got panicked there and when they told me to go to another hospital i did the same and now in that second hospital they simply did a XRAY and with a opd consultation they discharged me. As it was my first ever incident in my life i did not know about emergency room staff. I was unconscious, my collar bone is broken, my arm joint is still numb. I consulted 3 more doctors and mostly of them suggested me for non surgical treatment. But isn't it feels negligencey? If this kinda situation is not fall under emergency or medical insurance, I don't know what kinda disaster or accident injury gonna be subject to hospital admission and health insurance claim. 

T. Kalaiselvan, Advocate (Advocate)     06 September 2024

For knowing more about the insurance claim under medical insurance you may have to properly scrutinise the conditions mentioned in the insurance policy, without that, you will come out with your own imaginary law because you neither seem to udnerstand the law nor able to understand. If you are still are in need of medical insurance compensation then you can consult a local advocate and proceed as suggested.


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