Medical negligincy case of not diagnosing hydrocephalus during pregnancy

Partha sarthi BHATTACHARYA (Querist) 22 December 2013 This query is : Resolved
my 2nd daughter was born on 24 oct 2013 the doctor discharged the next day, after some days she has CONGENITAL HYDROCEPHALUS since birth, moreover it could be detected by routine ultrasound which is called level 2 ultrasound, this disease needs VP Shunt surgery and after surgery my daughter is spending days in hospital due to infection

i want to know misdiagnosing or not diagnosing a disease timely is a medical negligence or not while my 1st daughter is already suffering from Autism which is a brain disorder and the very first day i told the doctor to take every precaution in my 2nd pregnancy but he did not this normal ultrasound otherwise i could have aborted before 20 weeks,

please tell me can we file a criminal case and also get compensation as my daughter is going to suffer from this disease life long and my be mentally retarded too

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ajay sethi (Expert) 22 December 2013
you have to complain to medical council of india aginst doctor . if it feels doctor has been negligent in performance of his duties it can take action against said doctor . on basis of medical council report you can file complaint before consumer forum against said doctor for deficency in service and sue of compensation .

ajay sethi (Expert) 22 December 2013
The Supreme Court eventually formed certain guidelines for prosecution of medical professionals
- A private complaint may not be entertained unless the complainant has produced prima facie evidence before the court in the form of a credible opinion given by another competent doctor to support negligence on the part of the accused doctor.

The investigating officer should before proceeding against the accused doctor of rash or negligent act or omission, obtain an independent and competent medical opinion preferably from a doctor in government service qualified in the branch of medical practice who can normally be expected to give an impartial and unbiased opinion applying Bolam’s test to the facts collected in the investigation.
- Unless his arrest is necessary for furthering the investigation or for collecting evidence or unless the investigating officer feels satisfied that the doctor proceeded against would not make himself available to face the prosecution unless arrested, the arrest may be withheld.

Rajendra K Goyal (Expert) 22 December 2013
Well advised by the expert, better lodge a complaint to the medical council.

Guest (Expert) 22 December 2013
To succeed in your efforts study the each and every line as explained by the expert Mr Ajay and follow the steps carefully

R.K Nanda (Expert) 22 December 2013
file consumer complaint in CF and claim compensation.

Raj Kumar Makkad (Expert) 22 December 2013
I do agree with the experts hence no more to add.

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