LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Meena Kachipuram   30 September 2021

Medical malpractice

My girl child has been killed by the doctors and staff


Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 September 2021

If you have clear evidence for killing by doctors and staff, you can file a suit in the courts for claim. In a recent judgment on medical negligence, the Supreme Court awarded compensation amounting to Rs. 11 crore to a victim, which was to be paid by the doctors and the private hospital deemed responsible for the wrongful death of a patient.

1 Like

Kevin Moses Paul   30 September 2021

As per your concerned matter it is necessary that you post the facts and figures of the case upon which you came to this conclusion that the death of your child has been caused by the doctors and staff of the hospital.

Expert Mr Rama has well explained that you can file a suit for compensation against the accused's but first explain the grounds upon which you derived your opinion.


Regards,
Kevin M. Paul

minakshi bindhani   30 September 2021

As per the illustrated query!

I am sorry for your loss mam. Without the facts and circumstances of the case, it's difficult to provide you with the appropriate guidance. Mr Rama sir and Mr Kevin Sir have explained very well.

V.N.Shrikhande vs Anita Sena Fernandes (2011)

In this case, the Supreme Court had held that in cases of medical negligence, no straitjacket formula can be applied for determining as to when the cause of action has accrued to the consumer. Each case is to be decided on its facts. If the effect of negligence on the doctor’s part or any person associated with him is patent, the cause of action will be deemed to have arisen on the date when the act of negligence was done.

If, on the other hand, the effect of negligence is latent, then the cause of action will arise on the date when the patient or his representative- complainant discovers the harm/injury caused due to such act or the date when the patient or his representative-complainant could have, by the exercise of reasonable diligence discovered the act constituting negligence.

Hope it is Understandable!
Regards
Minakshi Bindhani

Dr J C Vashista (Advocate)     01 October 2021

Collect all evidences of medical negligence and contact a local prudent lawyer for necessary proceeding.

Meena Kachipuram   02 October 2021

Sir. I have all the evidences of the case. Moreover I wanted to collect the cctv footage of the hospital and the floor where we have requested not to proceed with the blood transfusion. My girl admitted with very basic symptoms of corona at 21.57 CT with lungs and ct scan is very clear. Doctor suggested for OP basis but I wanted to admit her on a safety precaution in a single super deluxe room with nursing care.  She doesn't have any other health issues except hb 6.8 and vit d3 9.8..rest all the reports are very much clear and the girl is 73 kgs.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register