child death due to hospital early discharge and treatment child death due to hospital early discharge and treatment

3 years ago

on 21 august we took our child to a hospital on the recommendation of one of the doctor, they did a blood test in which child had 3.8 gm blood only also cells were down, they told us to go to blood bank for the blood, give me a incomplete filled form and one blood sample, but as i reach blood bank they refuses to give blood as in the form it was not mentioned that what type of blood is needed(whole blood/red cells) , further i had only one sample of blood and i was told i need two sample , thats the first error that hospital make, further when i came back to hospital , i told the doctor everything and he then filled the form and said me that we will provide you the second sample, just wait. in this process our child was get 4 injections, we didnt even know what type of injections they were, and person who is giving injection was merely 25 yr old, one of the staff member, we didnt even know how educated he was to gave that injection, and then i go back to the senior doctor and he said that second sample will be taken early in the morning and then we will pump blood into his body in the morning, you can go home and come tomorrow, we thought everything is fine, because they gave us leave and after 4 to 6hr between 2am to 3am our baby lost his life, we want to file case against the doctor, how can we do that, what are the procedure, and what we needed to make our case strong.

Suneel Moudgil

Responded 3 years ago

A.1. you can file a criminal case agaisnt the doctor/hospital,
2. the case will be registered under section 304a IPC
304A. Causing death by negligence.—Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
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Anish Palkar

Responded 3 years ago

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A.I have gone through your query in detail.
Based on your process it seems that what you have gone through is a very bad phase in life & a shear phase of Medical Negligence. But to provide more specific answer you have not mentioned with which State, District, city or Village you are from.
But you will have to hire very professional lawyer for your case. Also as you said the blood count was only 3.5 , but then you should have asked the reason as to why was the blood count so low… also if you doubt the process of child been given 4 injections… then you should have sent the body for post mortem..Still as per your narration I am in strong belief that the basic diagnosis was not done very well & the doctor who you consulted was not a pediatrician. You need to legally proceed immediately without any delay.

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ADV. ANISH PALKAR (High Court)
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