Legal Question in Consumer Law in India

My Medicalim

Sir/mam, my name is R.h.Pathan .I insured Rs.75000 with United India Insurance Co. I treated myself and produced all the relevent documents to the said insurance co. The ins.co.repudiated my calim on the ground of pre-existing disease. The doctor who treated me has certifed and agree that my disease was not pre exist.But the said doctor told me that by slip of pen and the mistake of the nurse it was written as that illness is from 12 to 13years instead of 12 to 13 months. I requested him to rectify it but he told me that it is unable for me to rectify it now. In which way i should approach the Consumer court and file complaint against Doctor and Ins. co. pl. inform me.


Asked on 1/06/08, 3:58 am

6 Answers from Attorneys
SANJEEV DUDHAT

Re: My Medicalim

your main grievance is with the Doctor. first try to get an expert opinion from an expert as to age of you disease, whereby the certificate should be substantiated with reasoning and observation. then file a consumer case either in District forum or State Commission depneding upon your claim and compensation amount you pray for. The format is given in Consumers Act which you may follow strictly. Also make the insrurance company as a party to the claim lodged against the medical practitioner and seek direction to grant the insurance . Also inform to the medical council of the misconduct on part of the Doctor refusing to change in certificate. your weakness in the case is however not acting upon the certificate issued by the Doctor there and then or as soon as it came to knowledge that the certificate is incoorect. The main legal hurdle would be the expalination as to why u were silent when u knew that the observation of the physician in wrong.

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Answered on 1/07/08, 7:43 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: My Medicalim

take certificate from doctor and consult a good consumer lawyer near you

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Answered on 1/08/08, 11:57 am
M.P. SANJAY M.P. SANJAY M/s. Sanjay

Re: My Medicalim

You can file a consumer case against the doctor for negligence.

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Answered on 1/07/08, 9:19 am
G. M. Gupta gmguptaandassociates

Re: My Medicalim

if u can show that the illness is not this much old then it will be very good

otherwise too you have chances but for that u have to show me the papers

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Answered on 1/06/08, 9:21 am

Re: My Medicalim

Firstly you take a certificate from said doctor pointing out the mistake.File complaint in consumer court and call the doctor to prove the mistake committed by nurse.In case of need contact with details.Professional charges are applicable.

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Answered on 1/06/08, 10:14 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: My Medicalim

You should take a certificate from a doctor that your illness was not pre existing and file a petition in consumer court and make the doctor a as the witness.

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Answered on 1/07/08, 2:38 am


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