LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

kshitiz srivastava (Executive )     30 April 2013

Birth injury case

Hi ,

I am living in gurgaon and my baby was born in one of Hospital in Gurgaon and due to doctor's less attention and hospital policies my baby suffered birth injuries and they kept my baby in hospital for around one month and now when we started taking treatments of pediatric neurologist then we cam to know that my baby is suffering from cortical blindness and he won't be able to sit or walk in future as due to birth injuries most of the brain part is damaged and my baby is getting seizures and various other complications.

Now I want to know how can I drag them to court and what are the thing I would require to file a case and how long this case will take I mean how long it will take to get the judgement and is there any point by which we can get doctor punishment for spoiling my new born entire life.

If any one of you is dealing in such case please let me know. 



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     30 April 2013

If you want, you can file a consumer case against the doctor for his negligence, but it requires experts opinion.

Advocate M.Bhadra   30 April 2013

Yes,you can file a case against the the said hospital and doctors for medical neglegency,deficiency of service and mental agony in State Consumer commission if claim above Rs.20 lacs(not district Forum).

 

The case is filed in the city / state where the Opposite Party resides, has registered office, branch, or works for gain.

The case can also be filed in the city / state where the cause of action has occurred.

Consumer complaint can be filed in any of the following courts:

District Consumer Disputes Redressal Forum (DCDRF)

State Consumer Disputes Redressal Commission (SCDRC)

National Conumer Disputes Redressal Commission (NCDRC)


The choice of court will depend on the amount of transaction and relief you seek and the location where the cause of action arises.

If transaction and relief is Rs. 20 Lakhs or below, case is filed in DCDRF

If amount is more than Rs. 20 Lakhs but below Rs. 1 Crore, case is filed in SCDRC

If amount is Rs. 1 Crore and above, case is filed at NCDRC

 

MEDICAL NEGLIGENCE UNDER CONSUMER PROTECTION ACT

Negligence is the breach of duty caused by omission to do something which a reasonable and prudent person guided by those considerations which ordinarily regulates human affairs would do or doing something which a prudent and reasonable person guided by similar considerations would not do.[1] But the dictionary meaning is ‘Lack of Proper Care’. It means carelessness in a matter in which law mandates carefulness. In the law of negligence, professionals such as lawyers, doctors, architects and others are included in the category of persons professing some special skill or skilled persons generally.

In every complaint of medical negligence the complainant is expected to furnish in the forms of exhibits certain documents to establish a prima facie case. However the patients rarely have access to these medical documents and are generally not delivered to patients especially in cases where something goes wrong on pretext of confidentiality. Thus at this stage it becomes difficult for the patients to establish their case and many cases are dismissed summarily. The procedure that is followed afterwards is equally complex and unnecessarily lengthy involving submission of evidence, examination, cross examination of witnesses and other formalities.

N.K.Assumi (Advocate)     30 April 2013

Birth Trauma (BT) or birth injury occured during birth process that is simply the result of being born. In such case it is very difficult to fasten the liability of the attending doctors or Nurses in the Hospital, unless gross negligence can be attributed by an expert resulting in birth trauma.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register