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| | The Legal Needs Network is not currently active and cannot accept new posts | | In hospital complications - advise please !!! | Views: 274 | | Aug 20, 2006 5:08 am | | In hospital complications - advise please !!! | # | 
Hardeep Sodhi | | Hil All !
While I have already posted this as a continuation of an ongoing discussion, am posting it seperately now since didn't get any inputs last time :-(((..all help appreciated !
A Hospital takes in a patient wherein one of the condition of admission is that " In case of Medico Legal / Insurance Cases the Medical Reports and Records will not be given to the patient".
This condition has been accepted by the Patient's relative during admission.
Also accepted ( by the Relative ) is the " General Consent" which states that " eventualities are always in the hands of God and hence no guarantees can be given for results and there is always the possibilty of unexpected complications".
The operation under consideration was - at the moment - not an essential requirement but where different medical personnel had different opinions ( but no guarantees any which way ) of if an operation was the ideal route at the moment. The hospital was ultimately chosen because of its high repute and assurances ( verbal, during OPD meets )given by its Doctors of their competence in performing the procedure.
Unfortunately serious complications indeed ocurred during the operation.
Questions :
- Can the Records and reports be denied to the patient since it is an Insurance case ?
- Due complications which happened during operation patient has suffered serious trauma, with lifelong complications and expenses. Can the Hospital be held liable for the same ?
- Can the patient publicise the bare facts of the case as they actually are to the media, websites etc. so that at least other patients in similar situations can take better informed decisions ?
- Can anyone point me to lawyers competent in taking this case further, in case there is any merit in the same ?
Appreciate v. much all informed inputs .. via this board or as a PM to me.
Thanks much - and I really do hope and pray none of us ever faces these kind of dilemmas / situations !
best
hardeepPrivate Reply to Hardeep Sodhi | | Aug 25, 2006 7:28 pm | | re: In hospital complications - advise please !!! | # |
Pravin Jha | | 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 | | Sep 03, 2006 3:50 pm | | re: re: In hospital complications - advise please !!! | # |
Hardeep Sodhi | | Thanks Pravin for your interest and efforts. I'll be in touch with you as appropriate.
Best
hardeep
ps : by publicing the bare facts I meant just that - the facts which can easily be verified even from the discharge summary given now by the Hospital. And our experiences based - again - on actual facts.Private Reply to Hardeep Sodhi | | |
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