A hospital in Chennai committed medical negligence during my surgery how to file case
NA Asked by Naveen Shetty from India
Quick Answer
Medical negligence can be pursued as a civil claim for damages before the Consumer Forum or the civil court in Chennai under the Consumer Protection Act and the law of torts.
Detailed Legal Analysis
Medical negligence can be pursued as a civil claim for damages before the Consumer Forum or the civil court in Chennai under the Consumer Protection Act and the law of torts. You must obtain a medical opinion from another qualified doctor in Tamil Nadu certifying that the treatment fell below the accepted standard of care.
Under Tamil Nadu Rent Control Act 1960, the Consumer Forum can award compensation for medical expenses, loss of income, and pain and suffering. You can also file a criminal complaint under Section 106 of the Bharatiya Nyaya Sanhita for causing death by negligence if the negligence resulted in death.
If the Consumer Forum's order is unsatisfactory, appeal to the Madras High Court under Tamil Nadu Rent Control Act 1960.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.