Justice Against Medical Negligence

The medical and legal aspects of the case which the courts have totally omitted : The higher consumer commission and the Apex court did not go to the core issue of the matter under consideration, but relied on the orders of the lower courts Maharashtra Medical Council , Medical Council of India, false and misrepresented statement of the operating surgeon and have dismissed the case. Thus this so very complicated medical matter has been finalized and dismissed at all levels without obtaining opinion from any committee of expert Uro surgeons and Neurologists. 1) I and my mother with great hopes and complete faith in the judiciary of this country, wish that the facts of the case be heard at the world level and also the case be decided on the basis of the report of an expert committee. 2) This dismissal order of the State Commission is the best example of how doctors can easily mislead the commissions by bombarding them with complicated technical jargon, so that the c...

JUSTICE DELAYED IS JUSTICE DENIED. Troubles and problems continued to adhere to me in my life. I came to know that life is not bed of roses but full of challenges. My mother a retired teacher had to take up tuition's to the nearby students as the pension she received was insufficient to meet the medical, travelling and consultation expenses of various doctors at the hospital. We were together burdened with the litigation expenses. I did not get justice at the first level. So my pursuit for justice continued.   In 2015-16 a two bladder stones of 5.5cms. and 3.5cms., was detected in the urinary bladder due to the incomplete operation and long term retention of Supra Pubic catheter. The bladder stone is grown to such a huge size means it has been growing inside since a long time but started to give problems and pain when it had grown to that size. In May 2016, the bladder stone was removed by open surgery with great difficulty, as Cystolithotripsy could n...

Legal Action taken by me to get justice in my medical negligence case. After getting discharge from the hospital in the year 2002, I tried to get the MRI and EMG/NCV test report which has revealed total loss of nerve conductivity. I came to know that there was gross medical negligence in my case which the doctors tried to hush up from me and my parents during the course of surgery. After getting discharged I got the papers in 2004, by the intervention of Maharashtra Human Rights Commission. After getting IPD papers I filed a case in Maharashtra State Consumer Disputes Redressal Commission, in February 2005 vide complaint number: CC-22-2005.   The case got dismissed in limine in March 2006. The State Commission has relied the statement of the doctor that the complainant came on a two wheeler a distance of 50Kms. The State Commission has clearly mentioned in its judgment that as the complainant is able to drive a two wheeler for a distance of 50Kms., therefore he...

MY CONDITION AFTER THE INCOMPLETE   SURGERY DONE BY THE OPERATING SURGEON. I tried in many ways to earn a livelihood after overcoming a few physical problem. To do sedentary work I pursued computer hardware and networking course which can give me some earning sitting in one place. In 2004, I lost my father. My condition began to deteriorate day after day and year after year due to loss of sensation. The ulcer in my foot and other wounds caused on my leg were getting worst day by day. The antibiotics would not work and daily I had to take painkillers. The blood circulation started to get compromise and the medicines that was prescribed by the doctors did not have any effect in curing the wounds. Finally the call had to be taken for amputating my right leg through knee. After the amputation I could not go to earn my livelihood hence I completely became dependent on my mother. After a few months in the year 2014 my left leg was affected by lymph edema / cellu...

Further to yesterday’s article, Doctors are savers of life is the usual thinking of people and so we submit to the doctors our body and soul whenever we go for treatment. But in my case the doctor has become a lucifer. No doubt there are few good doctors in the society because of whom I am alive and able to narrate my experience before the world. I would like to further elaborate my medical negligence as to how and when it happened. When I was admitted in Wadia Hospital for preliminary test in the year 2002 the above operating surgeon conducted few test like MCU and Sonography. But as the hospital was meant for children below 15 years, the hospital did not have the sonography probe for adults to do sonography. So the sonography test could not be done in the hospital .   After doing preliminary investigations the above operating surgeon advised me to undergo bladder augmentation with appendicular vesicostomy operation for urinary incontinence whic...

I am computer graduate person, but still not able to earn my livelihood. You will be surprised to know that a well-qualified person aged 43 years is not able to earn his livelihood, the reason behind this is as follows. My name is RAGHAVENDRA RAO, AGE: 43 YEARS, from Dombivli (East). Born with Meningomyelocele and operated on the 6 th day   after my birth in the year 1976. I was operated for clubbed foot at one and half years of age in 1977. I am able to walk with elbow crutches on my own. It was difficult for me to get formal education in a regular school but later on I   did BC A from University of Madras by travelling from Mumbai to Chennai alone and completed my studies in the year 2002. Due to Meningomyelocele / Spina Bifida I had urinary incontinence which I used to manage with the help of urine bag. In the year 2002 when I was 25 years old I went to consult a pediatric urologist Dr. Santosh J. Karmarkar for my urinary incontinence problem who was working...

Introduction Medical negligence is a combination of two words. The second word solely describes the meaning, though the meaning of negligence has not been described in a proper way but it is an act recklessly done by a person resulting in foreseeable damages to the other. Negligence is an offense under tort, IPC, Indian Contracts Act, Consumer Protection Act and many more. Medical Negligence basically is the misconduct by a medical practitioner or doctor by not providing enough care resulting in breach of their duties and harming the patients which are their consumers. A professional is deemed to be an expert in that field at least; a patient getting treated under any doctor surely expects to get healed and at least expects the doctor to be careful while performing his duties. Medical negligence has caused many deaths as well as adverse results to the patient’s health. This article focuses on explaining negligence under various laws, professional negligence, medical neg...