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Medical Negligence

You or a family member has suffered due to a doctor's or hospital's negligence — wrong treatment, surgical errors, misdiagnosis, or denial of emergency treatment.

Do this now
  1. 01Get a second opinion from another qualified doctor immediately
  2. 02Secure and preserve all medical records — case papers, prescriptions, reports
  3. 03Request a complete copy of medical records from the hospital (it is your right)
  4. 04File a written complaint with the hospital's grievance cell
  5. 05Register a complaint with the State Medical Council against the doctor
  6. 06File a complaint in Consumer Court for compensation
  7. 07If death occurred — file an FIR under BNS Section 106
  8. 08Contact the National Consumer Helpline — 1800-11-4000
Evidence to collect
  1. Complete medical records — admission, treatment, prescriptions, discharge summary
  2. Bills and payment receipts
  3. Photographs of injuries or condition
  4. Second opinion report from another doctor
  5. Witness statements (family members present during treatment)
  6. CCTV footage from hospital (if relevant)
  7. Consent forms signed before treatment or surgery
Documents you need
  1. Medical records and hospital documents
  2. Doctor's prescription and treatment details
  3. Bills and payment receipts
  4. Second medical opinion report
  5. Consumer Court complaint petition
  6. ID proof of patient and complainant
Where to complain
  1. Hospital Grievance Cell — Written complaint first
  2. State Medical Council — For disciplinary action against doctor
  3. National Medical Commission — nmc.org.in
  4. Consumer Court — For compensation (District/State/National)
  5. Police Station — FIR if death or serious injury due to negligence
  6. National Consumer Helpline — 1800-11-4000
Laws that apply
  1. Consumer Protection Act — Section 2(11) (Deficiency in service includes medical negligence)
  2. BNS Section 106 — Causing death by negligence
  3. BNS Section 125 — Act endangering life or safety of others
  4. Indian Medical Council Act — For disciplinary action against doctor
  5. Clinical Establishments Act — Standards of care
Understanding the issue

Medical negligence occurs when a healthcare provider fails to provide the standard of care expected, resulting in harm to the patient. Under Indian law, it is both a criminal offence (if death or serious injury results) and a civil wrong for which compensation can be claimed. Hospitals cannot refuse emergency treatment. The Consumer Protection Act treats medical services as 'services' and patients can file complaints in Consumer Court for deficiency in service.

When to see a lawyer

Consult a lawyer experienced in medical negligence cases. Medical negligence requires expert medical opinion to establish. A lawyer can help gather evidence, get expert testimony, and file the appropriate case.