medical negligience

Querist : Anonymous (Querist) 04 May 2010 This query is : Resolved
on 17thday of april 2010, at 1958 hours , an injection of rhogam 300 mg was given to the infant BY MISTAKE . The doctor prescribed the injection for the mother and delegated the assignment to the nurse is writing
“ give rhogam 300 mg if kid blood group is positive”.

Nurse blindly followed and without reconfirming with the doctor gave the injection to the infant.

as a result the infant suffered with such a severe jaundice that she had to be in nursery for 6 days, had to go through 4 blood exchange transfusion? the bilirubin level crossed 26.

i am not looking for a compensation but what i want from them is:
• unconditional health assurance
• accecptance of the mistake
• I want them to take it as there responsibility and ensure best medical treatment to the infant regularly to avoid any future complication.
please advise

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Arvind Singh Chauhan (Expert) 04 May 2010
I wish to god that your daughter may not meet any complication in future. If it is proved that wrong treatment was given to her you may file suit in consumer forum, But it requires medical literature or expert opinion that she was given wrong treatment.

Sachin Bhatia (Expert) 04 May 2010
Better to consult the matter with a local advocate.

R.R. KRISHNAA (Expert) 04 May 2010
Obtain a govt certified doctor's written opinion about the wrong treatment meted out to your daughter and file a complaint before the consumer forum for negligence and seek compensation.

Also you may make a complaint before the Medical board to take stringent action against the negligent doctors.

Raj Kumar Makkad (Expert) 04 May 2010
Supreme Court has recently held that medical negligence shall not be established without having taken opinion of some other higher medical agency/doctor that the treatment was given wrong and that medical negligence was made. So move in this direction and then file a consumer complaint against such erring doctor. Obtain complete medical record from him and then obtain medical opinion in writing thereon.

Kiran Kumar (Expert) 05 May 2010
http://indiankanoon.org/doc/792677/

please carefully read the judgment I have sent in the form of link above.

paste this link and another window and read it carefully, its a latest SC judgment on medical negligence and will provide you way to move.

otherwise on factual consideration, I believe you have a good case to move Consumer Forum but prior to that ensure the infant is saved and if possible take help of senior doctors.

Unbiased Advice (Expert) 05 May 2010
Normally 90% of the Newly born babies does have Jaundice which is of not serious nature and is cured without medicine by just mild exposure of the baby to sunlight for a week time, in your case one need to know what that Injection is and why Blood Transfusion need so urgently all these information and complete case history is needed may be then you can file a Medico Legal Case.

Parthasarathi Loganathan (Expert) 05 May 2010
This is one of the superb pieces of thread in this forum which would enlighten many innocent public who are cheated by the medical community on the pretext of best treatment. Tortuous Liability needs to be given a fresh lease of life in our country.

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