WHAT TO DO WHEN YOU SUSPECT MEDICAL NEGLIGENCE

Times of India dated 25th October 2013, p. 14

NOT ALWAYS THE DOCTOR’S CALL

Medical negligence is any case when a health provider deviates from ‘standard care’ in treating a patient. In the US, records show medical negligence is a leading cause of death. No such study is available for India though medical malpractice is rampant. In the US, $3bn compensation was paid in 2012 alone

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 theappropriate 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 
A SAMPLE STATE 
    Delhi Medical Council, one of the authorities patients in Delhi and NCR can complain to, gets 20-30 complaints of medical negligence monthly 
    Complaints | Overcharging, lack of care, wrong or unnecessary procedure, incompetency of doctors 
conducting particular procedure 
    Majority of cases dismissed. At best, warning issued if doctor or hospital found guilty 
    Not a single doctor has ever been barred from practice by the DMC that can deregister a doctor – the maximum punishment under the rulebook 
WHEN PATIENTS KEPT UP THE FIGHT PRASHANT S DHANANKA | MAY 2009 AWARDED Rs 1cr BY SC | Infosys techie was paralysed waist down after a surgeon damaged his spinal cord at a Hyderabad hospital to remove a chest tumour 
V CHANDRASEKHAR | FEB 1995 AWARDED Rs 19L BY SC | National table tennis player was partially paralysed after treatment at Apollo Hospital, Chennai 
JAYANT BHUYAN | NOV 2010 | CII executive died after surgery at a private hospital. Delhi Medical Council found the doctor guilty of negligence, ordered hospital to remove his name for a month