The doctor operated on the wrong leg of my father in the hospital. What compensation can I claim for medical negligence?
AS Asked by Ashok Yadav from India
Quick Answer
Medical negligence is actionable as a civil wrong under the law of torts and you can claim damages for the suffering, additional medical expenses, and loss of earning capacity.
Detailed Legal Analysis
Medical negligence is actionable as a civil wrong under the law of torts and you can claim damages for the suffering, additional medical expenses, and loss of earning capacity. You can also file a consumer complaint before the District or State Consumer Commission under Section 35 of the Consumer Protection Act, 2019, treating medical service as a service, as confirmed by the Supreme Court in Indian Medical Association v.
V. P.
Shantha (1995). The complaint must be filed within two years from the date of negligence.
For criminal liability, under Section 304A IPC / Section 106 BNS for causing death by negligence, or Section 336 BNS for endangering life, gather medical records, operation notes, and a second opinion from another doctor. Engage a medical negligence lawyer who can obtain independent expert opinion to establish breach of duty of care.
The compensation can include medical costs, pain and suffering, and future care expenses.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.