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Legal Needs
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| Aug 25, 2006 7:28 pm |
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re: In hospital complications - advise please !!! |
| Pravin Jha
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Hardeep,
Iam a lawyer based in Delhi. Please treat the contents below below as a general opinion only since I can not give you any specif advise without going through the case and related documents in detail.
1, Normally a patient has all the rights to his/her medical records including reports and it can not be denied to him/her on the plea of the same being an insurance case.
A case of medical negligence ill have to be made out in case you want to file a consumer claim or sue for damages under law of torts. Remember, in case if two or more than two course of treatment is permisible, and if the Doctor choses one of the available options and the condition of patient deteorates because of such treatment, it cannot be said to be case of medical negligence. It has to be seen from facts, circumstances, medical opinions and books/journals, etc. whether the doctor was right in following the manner of treatment or not.
Your thitd question is tricky for me in a sense that I actually do not know the complete facts of the case. In case, if you publicise the facts and thereafter you can not prove the same, the Hospital/Doctors can sue you for defamation. Thus, such step can not be advised till I have actually gone through the facts of the case in detail.Private Reply to Pravin Jha (new win) |
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