consumer compensation

Querist : Anonymous (Querist) 05 February 2010 This query is : Resolved
Sponge retained in abdominal cavity after LSCS operation. Removed at other hospital after first surgeon diagnosed it after 54 days. Patient demanding 3 lac's to keep quiet, not go to criminal or consumer court.
Is it a criminal offense?
Is the compensation amount correct?
Is out of court settlement legal?
If not, what preventive measures to be taken by first surgeon to prevent extortion?
What papers to be demanded from party?

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R.R. KRISHNAA (Expert) 05 February 2010
Out of court settlement is legal.

A V Vishal (Expert) 05 February 2010
Is it a criminal offense?

Yes it is clearly a case of medical negligence.

Is the compensation amount correct?

Thank your stars he has asked for a lesser compensation.

Is out of court settlement legal?

It is not legally binding, the party may approach the court in future.

Arvind Singh Chauhan (Expert) 05 February 2010
I go with Vishal Sir.

adv. rajeev ( rajoo ) (Expert) 17 February 2010
It's a criminal offence. Out of court settlent is better. After the settlement it is better to take letter from whom the money is paid that he wouldnot initiate any cases in any court.

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