Medical Negligence - My daughter born with a birth defect deceased Medical Negligence - My daughter born with a birth defect deceased

My daughter born with a birth defect deceased (myelomeningocele) on 17.06.2022. during pregnancy time as per advise of doctor all required test i.e USG, anamoli scan were done by a diagnostic centre . But due to there lack of naglagency they were unable to diagnosis this deceased . And my daughter oppreted in Chennai Appolo Hospital on 08.12.21 now is suffering from various medical problems. As per doctor opinion it will be life long her life long disability. Now what are the proper legal should be taken against Diagnostic Centre and Doctor?


Responded 2 months ago

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A.1. The first step to be taken in case of medical negligence is to file a proper complaint to the State Medical Council against the concerned doctor, practitioner or authority.
2. The victim may file a complaint via the consumer court or a criminal court a per the nature of the negligence.
3. But one must note that a lawsuit against a hospital leads to a long drawn out court battle that will end up being a very costly affair.
4. If the victim wishes to receive monetary compensation, the best way would be to approach a consumer court.
Once a complaint is filed, the consumer court investigates the claim.
5. In some cases, they can even suspend the concerned doctor’s license if he or she is found responsible for gross negligence.
6. The victim can instead choose to approach a Patient-Advocate, who is someone who conveys medical duty owed to the patient.
7. In case of a breach, the patient advocate will inform the victims of the steps they are to take.
The patient-advocate will also advise the patient with regards to monetary compensation, legal disposition and other such things.

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