WHAT TO DO WHEN YOU SUSPECT MEDICAL NEGLIGENCE File complaints with local police, state medical council (SMC) and state consumer forum Police will send complaint to SMC If SMC upholds complaint, depending on charges made against the doctor/hospital, they’ll file a case under relevant sections. Case goes to the appropriate court If it’s a criminal case, it becomes a case of state versus the doctor/hospital SMC can initiate action against the doctor by suspending his licence to practise for specific period of time or removing his name from medical register depending on seriousness of charges If charges are upheld in court, doctor can be arrested and jailed If either party is aggrieved by the SMC’s decision, s/he can appeal before the Medical Council of India The complainant can take the SMC decision and approach the consumer court for compensation If complainant goes to the consumer forum, either a panel of medical experts will look into its merits or the forum will send it to the SMC to do the same If complaint is upheld, forum decides quantum of compensation to be paid to the complainant Consumer forum can only decide compensation amount but cannot punish anyone even if negligence is proved If unhappy with the consumer forum’s decision, any of the parties can appeal before the National Consumer Disputes Redressal Commission and further on to Supreme Court if needed You can also consult patient advocacy groups (Saha’s PBT one such) or legal experts, to help define case and check facts Keep original records | All diagnosis, procedure, advice is noted down in the prescription file. Don’t give originals to anyone
Posted on: Fri, 25 Oct 2013 02:50:54 +0000
Trending Topics
Recently Viewed Topics
© 2015