top of page
Search
  • leadindia836
    • Jan 23, 2023
    • 3 min read

Can I Register A Criminal Case Against Doctor In India

Patients require doctors. However, because of commercialization, this relationship has lost its long-standing integrity, which causes the medical community tremendous concern.

Medical Negligence is a significant issue that can have severe repercussions for those affected by it. One could take many actions to get justice if one were the sufferer of medical negligence in India.

Types of Claims against a Doctor in India

There are numerous claims that might be leveled against a doctor. They are:

  • Medical Malpractice- The most frequent type of complaint brought against a doctor is for medical misconduct. This claim focuses on the doctor's negligence or disregard for accepted medical practices.

  • Negligence- This kind of accusation focuses on the doctor's careless or irresponsible actions.

  • Products with Faults- A person may be entitled to compensation if he/she has suffered injury as a consequence of using a doctor-made product that was faulty.



Remedies for Medical Negligence by Doctors in India

Filing a Written Complaint to Medical Council

  • An injured party may report a doctor for carelessness to the relevant State Medical Council, which has the authority to take measures against the doctor in question by suspending or canceling his license.

  • But they lack the authority to make compensation under the Indian Medical Council Act of 1956. Therefore, the accused must submit a detailed complaint to the board outlining all the pertinent facts and information in the case in question.

  • The accused will then have 30 days to submit a defense before the council.

  • The council will ask both parties to submit evidence to support their claims if they are not convinced by the response.

Filing a Case in Consumer Forum

  • A party who feels harmed may take the accused and the hospital to court in a case against them.

  • The Hon'ble Supreme Court noted in the case of Indian Medical Association vs. V.P. Santha that medical practitioners are covered by the Consumer Protection Act of 1986 and that the medical services they provide should be recognized as services under Section 2(1) (o) of that law.

  • A doctor or a hospital can be liable for compensation for medical negligence by any harmed person. According to Section 69(1) of the Consumer Protection Act of 2019, a person has two years from the injury to register a complaint for medical negligence.

Filing a Case under Criminal Liability

  • According to numerous sections of the Indian Penal Code of 1860, anyone who behaves carelessly or rashly and threatens the lives of others jeopardizes their own safety, or causes someone's death is subject to fines and/or imprisonment.

  • However, the court has noted that the existence of the ingredient of "Mens Rea" must be established in a negligence case when a criminal charge is being investigated.

  • One can file a criminal charge under the Indian Penal Code for any negligent act which can endanger a human life under-

  • Section 337 provides imprisonment, which extends to six months, or a fine extending to five hundred rupees, or both.

  • Section 338 provides imprisonment, which extends to two years, or a fine extending to one thousand rupees, or both.

  • Under Section 420 of the Indian Penal Code, one can also file a criminal complaint if any doctor has made false documents, misappropriated the money, or injured the victim for the sake of treatment. It provides imprisonment, which extends to seven years, with or without a fine.

  • It must be demonstrated that the accused did or failed to do something that, under the given conditions, no other qualified doctor acting prudently and with common sense might have done or failed to do.

Role of Lawyers

In addition to assisting you in fully comprehending your legal rights and remedies, a Criminal lawyer will also handle the documents necessary to best present your case.

Based on the information and circumstances of your unique situation, a lawyer will draft your issue and defend and argue on your side. He or she will be able to guide and assist you on whether you ought to pursue a civil remedy, bring a criminal complaint, or do both.

If you want to file a criminal case against a doctor in Kolkata, then a criminal lawyer in kolkata can be appointed. If you want to file a criminal case against a doctor in Pune, then a criminal lawyer in pune you want to file a criminal case against a doctor in Delhi.

From Lead India Law, you can talk to a lawyer. You can ask a legal question online for free at Lead India Law, giving you access to free legal advice online.

Call Us: - +91-8800788535

2 views0 comments

Comments

bottom of page