What legal action can be taken against medical negligence case?
On 21 June 2023, I was involved in a road accident, resulting in fractures to my left femur, calcaneus (heel bone), tibia, fibula, and right foot. Additionally, I had a deep wound on my left ankle that was bleeding continuously, and a culture test confirmed an infection. I was admitted to a hospital in Kanpur and underwent three surgeries (on 22 June and two more 8-10 days apart). After the third surgery, tests showed the infection had subsided, and I was discharged on 18 July 2023. I was given a portable suction machine to drain pus and advised to return for a follow-up in 5 days. However, when I returned, the infection had worsened, spreading to my heel and causing tissue decay. Despite reporting the issue, the staff delayed proper action. A plastic surgeon was eventually called and recommended amputation of my heel. The surgery was performed, and I was discharged in mid-September. I believe this is a case of medical negligence.
Based on your description, potential medical negligence may exist due to the delayed response to the post-discharge infection and tissue decay, particularly if the standard protocols for wound care and infection monitoring weren't followed, leading to the eventual heel amputation that might have been preventable with timelier intervention. To pursue a medical negligence case in India, you would need to file a complaint with the State Medical Council and/or approach the Consumer Court with substantial evidence including all medical records, discharge summaries, prescriptions, and expert medical opinions establishing the deviation from standard care protocols that led to additional harm.
Under Indian medical negligence law, you have a potentially strong case since the hospital's delay in addressing the worsening infection and tissue decay after discharge, despite your prompt reporting, could constitute negligence leading to the amputation. You should immediately consult a medical negligence lawyer and obtain all medical records, treatment details, prescriptions, and bills from the hospital, as well as opinions from other medical experts about the standard of care you received. The Consumer Protection Act allows filing complaints within 2 years of the incident, and you can claim compensation through either consumer courts or civil courts, though these cases typically take 2-3 years to resolve.
Sir, under Indian law, you can file a consumer complaint claiming compensation for the harm caused due to medical negligence. If it is proven that the hospital or doctors failed in their duty to provide adequate care, you can seek compensation for pain, suffering, and medical expenses. It is advised to consult an expert lawyer who will assist you in filing a civil suit in court of law. For further legal assistance contact us on our helpline number.
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