|Discussion in 'All Categories' started by Krishna Chawla - Jun 5th, 2014 7:48 am.|
|My was undergone laparoscopic hysterectomy in Pune 6 month back. After 7 days of surgery some watery content start coming out from below. It was smelling like urine. When we took her to another gynecologist she prescribe IVF. IVF has revealed that the ureter of my wife is damaged. I consulted a urologist and he said that the surgery is required and re-implantation surgery of ureter with bladder is necessary. I am completely frustrated and I want compensation so that I can at least get the another surgery done. Please advice. Now my question is where should I appeal for that and what is the procedure. Do I need a lawyer or can I apply to Maharshtra medical council directly. Please advice.|
re: Uretic Injury by ADITYA RAJESHWAR - Jun 11th, 2014 7:27 am
This is clearly an act of negligence from part of the medical practitioner. But according to me Maharastra medical council is not empowered to ask the doctor to give compensation to you. The compensation can be ordered to be given by any judicial or quasi judicial bodies like court or consumer forum.
For getting compensation for negligent act of a doctor you should approach to consumer court. As a patient is a consumer under consumer protection act 1985, as decided by honorable Supreme Court in the case of Indian Medical Association vs. V P Shantha. And Supreme Court held that
(1) Services rendered by a practitioner i.e consultation, diagnosis and treatment ,would fall within the ambit of services as defined by the Act.
(2)The fact that practitioners are subject to the disciplinary control of the Medical Council of India and/or state medical councils would not exclude the services rendered by them from the ambit of the Act.
The remedy under the Act includes civil remedy.
The amount of compensation is at the discretion of the Forum. It is not merely the alleged mental pain or physical discomfort, etc, suffered by the Appellant . It is also the quality of conduct committed by the Respondents that needs attention in a case of proven negligence.
For defending your case in consumer court you do not require any lawyer, you can defend your case on your own.
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