Chandan (Engineer) 10 August 2013

Medical negligence caused grievous injury to brothers eye

Dear readers,

I have faced a very serious case of negligence from one of the reputed private hospitals in Mumbai, resulting in a grievous injury to my brother on 5th of Aug 13 .

To talk on the details:

My brother (aged 25y) was going for a routine checkup and was recommended for an MRI brain.

There was a lot of hurry going on in the MRI area because of patient rush and the staff totally forgot to remind my brother to remove any metallic things from his pocket. The key to the locker (where people put their dresses and valuables before going to MRI) remained in his pocket. As soon as the MRI machine started, the key flew out of his pocket like a bullet and hit him in the right eye. The impact was so strong that it tore the cornea and displaced the Iris because of which there was complete vision loss in my brother’s right eye.

The eye was immediately sterilized and he was taken to OT on an urgent note. Operation was good according to doctor and he could put the iris back inside the cornea and stitch it. The eye is healing now according to doctor but vision improvement is very less (less than 5%). We even donot know what will be the percentage of improvement.

Worst case is hospital management started asking me to settle the bills for this treatment since yesterday. I appreciated their initial effort in organizing everything on an urgent note but now since they are saying that the accident was not their fault I am thinking of reverting to legal action.

In this regard I would like to get your advice on how to proceed for the same. My brother was supposed to leave India today (10th Aug) for a project abroad for 2 years and because of this accident everything is changed now. Moreover the MRI done is also in question as to whether it was an actual need.

I would reply with all details of this accident if you can help me on the futher action plan.

regards

Chandan

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3 Replies

surjit singh (Assistant) 10 August 2013

It a case of total negligence by the people who were in duty to do the MRI, Immediately file a FIR before the police for criminal negligence, stating that you did not knew where to approach in such matter so there was a delay of these five days. On the other hand try to collect all lthe documents of the treatment and the approach the Consumer forum with damages due to this negligence.

Suneet Gupta (www.vashiadvocates.com) 10 August 2013

This is a clear case of medical negligence.

I am not sure prosecuting for criminal negligence will be successful, as the offence of criminal negligence under Sec 287 is non-cognizable and bailable. Therefore, the police have no right to take action without Magistrate's order.

However, you should send them a legal notice immediately, and initiate civil proceedings in a consumer court. Ask them for a copy of all the medical records and case sheets, including surgery and MRI notes written by the doctors. These will be helpful in proving your case.

Kolla Gangadhar (Practicing Advocate since 1986) 11 August 2013

Your brother leaving to abroad may execute you to G.P.A. to file case under section 287 Indian Penal code 1860 for negligence of MRI operator as well as Doctor who examined your brother. You file case under Consumer Protection Act, to claim compensation for negligence of Doctor. You obtain all Medical records of your brother from hospital, Doctors, medical reports you are entitled under law and consult expert Doctors they will advise you according to that you consult Advocate and file case in the consumer Forum for compensation.