Legal Question in Health Care Law in India

Hi! I want to know what legal action can be taken against a nursing home in India (city- Kolkata), where an emergency operation was done by the OT man and some ward-boys? The doctor was not present during the operation. However, the signed the prescriptions at the last moment.

This could had led to some mishap! My question is, what procedure should I follow to take legal action against:

1. The Nursing home, that allowed such a action to take place.

2. The doctor who: i. neglected the emergency case, ii. signed the prescriptions after the stitching and bandaging was done, without having knowledge of the case. iii. Later on, also he refused for dressing up the wound, or to take up on the case.

3. The O.T. mans and the ward-boys who did the surgery without having the right to do so. They were experimenting with the emergency case.

Need help. Need justice.


Asked on 1/30/12, 2:47 am

1 Answer from Attorneys
Mahesh Gupta Medico-legal Advocates and Consultants

Surgery was done by non-medical OT staff and the doctor later put his signatures in the medical records. What is the legal remedy?

QUESTION�A patient presented to a hospital in Kolkata in emergency and was operated in the OT by non-medical staff but the concerned doctor put his signatures on the medical record / prescription at the last moment. . Later he refused to provide any treatment to the patient, including examination / dressing of the wound. What legal action can be taken?

ANSWER�This is a deplorable incident. The following actions can be taken:

1�Complaint against the doctor to the state Medical Council with which the doctor is registered. Information regarding this may be available at the web site of the Medical Council of India. If this information is not available, complaint may be lodged with the MCI which will then refer the complaint to the state medical council concerned.

2-- Complaint against the hospital to the Authority established in the state health directorate under the WB Clinical Establishments Act, 1951.

3�Police complaint.

4�Complaint in the consumer forum.

All the four complaints can be made simultaneously. It is better if the complaints are drafted by a lawyer.

--Dr. M C Gupta (Former Professor and Dean)

MD (Medicine), LLM

Advocate (Delhi Bar Council no. 857/2001)

[email protected]

Ph: 9999-333-801

30 January 2012

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Answered on 1/31/12, 8:18 pm


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