Victims
In the event of an incidence of medical negligence, following are the steps and process you need to follow to maximize your chance of getting justice.
- In case of death, insist on post mortem.
- Based on post mortem file a police complaint under Section 304 of IPC. Even if a post mortem has not been done, file a police report.
- Make immediate written request for complete Medical Records citing Section 1.3.2 of MCI “Code of Ethics & Regulations”. All hospitals/nursing homes must honor the request WITHIN 72 HOURS. Please see format for requesting medical records (word).
- Write a complaint with detail evidences (Strictly Photocopies) to the state medical council with copy to PBT, Medical Council of India (MCI) and also the State Health Ministry; Be prepared to record statements during cross examination and ask for a certified copy of statements recorded as soon as possible after a hearing.
- After waiting 6 months, file a complaint to the MCI for transfer of your case (if the state medical council did not act).
- If the State Government colludes, complain to the State Vigilance Officer/Lokayukta
- File a complaint with Joint Commission International (JCI) and National Accreditation Board for Hospitals and Healthcare providers (NABH) if the hospital is accredited with either of them.
- Discuss for possible “civil” (for compensation) within 2 years and “criminal” case, where appropriate; Prepare the case taking the help of a doctor so that points of medical negligence are clearly spelled out and there is enough supporting documentation.
- Never, ever handover any original document of treatment or any other evidence to anybody, not even to your lawyers, friends or any organization, not even to PBT. If possible submit only attested photocopies in the Courts after showing the originals to the Hon’ble Judges/ investigators.
What you need to be prepared for?
Getting justice in medical negligence cases are an uphill task since the onus is on the complainant to prove medical negligence in a system known for inordinate delays and where the case will be decided by doctors and likely to rule in favour of doctors. However, as general awareness of society improves, finding justice is progressively getting better. We need a lot of individuals like yourselves to fight for justice so that a better system and society evolves for our kids.
Why you need to fight?
There is some meaning to the life lost or injury sustained as a result of these atrocious acts of negligence. If these errant doctors aren’t stopped, they will go on to harm other individuals. That would be a dangerous society for our kids to live in. Finally, simple fairness of society requires that people who make mistakes that inflict untold suffering on other human beings must be punished appropriately.
Need more Help?
Contact one of the PBT volunteers.
Expert Medical Opinion
One of the very difficult hurdles in getting justice in medical negligence cases is obtaining expert medical testimony. However that is changing. Thanks to a very few set of brave doctors.
We want to build a critical mass of such doctors that over time it is no longer offensive to speak the truth and explain what the standard of care should have been.
If you are a doctor and willing to provide expert medical testimony to help hapless victims of medical negligence, please email us at info.pbtindia@gmail.com.
Dr. Ravikumar Bhaskaran
Trivandrum, Kerala
Mobile : 93493-12325
Landline : 0471-2727659
Email : bhaskaran.ravikumar@gmail.com
Dr. Devadass P.K
Bangalore, Karnataka
Mobile : 93437-67714
Mobile : 76763-57797
Email : devadasspk23@gmail.com
Dr. S. K. Thakur
General Surgeon
New Delhi
Mobile : 99581-30826
Email : thakur_sk@rediffmail.com
Dr. Dipak Ranjan Das
Cardiologist & Critical Care Consultant
Cuttack, Orissa
Mobile : 94371-65904
Email : maildrdipak@hotmail.com
Dr. Samir Rai
Urologist
Amritsar, Punjab
Mobile : 98141-52929
Email : rai.hospital@gmail.com
Medical Negligence Law
Many victims are not familiar with the law, leave alone being familiar with the law as it pertains to medical negligence. They are ordinary individuals who want to get justice for the wrong that has been meted out to them.
Getting educated on medical negligence law is critical in effectively pursuing justice. The attached short document is an excellent introduction to the law and interpretation of the law of medical negligence. It starts with defining negligence and goes on to explain the standard with which professional negligence is assessed.
It also covers the landmark judgments on the topic of medical negligence and how courts have progressively defined and clarified on this matter.
It is an excellent introduction for anyone trying to pursue justice in the Indian Legal System.
Medical Negligence – Law and Interpretation (PDF)
Financial Support
At this point of time, we may not be able to provide direct financial support to any victims of malpractice. However, in the future when our financial status would permit, we will try to help financially those victims of malpractice who otherwise may not be able to afford to find justice. Service for the society by any member of PBT will never be a “work for gain” and as such, any contribution (financial or otherwise) to the society will be exclusively “charitable”.
The total income properties of the Society through its members or any other sources shall be used solely towards the promotion of the objectives of the Society and no portion thereof shall be paid to or divided amongst any of its members by the way of profit. As a “not for profit” organization, we hope to obtain exemption for taxes for any contribution made to the Society. A detail annual budget of the Society will be published and made available as “Public Information”.
Disclaimer : PBT doesn’t corroborate the medical expert opinions of the doctors mentioned above. This page is created with the intention of helping medical negligence victims get in touch with Doctors who are willing to provide expert testimony in pursuit of justice.
