Can NCDRC Provide Relief to Patients Facing Medical Service Deficiency?
When you become the patient and seek treatment, you enter into a contract where you pay to be treated with reasonable care and skill. You expect the hospital and doctors to inform you, communicate with you and treat you properly by qualified professionals. When something goes terribly wrong, your first question may be simple: can we claim compensation for medical negligence from a consumer forum?
Yes. In circumstances where medical services fall within the jurisdiction of consumers courts and if the facts prove a deficiency in service, medical negligence, a consumer commission can award compensation. At the national level, this commission is referred to as the National Consumer Disputes Redressal Commission or NCDRC.
An important part of preserving your rights is not just filing the complaint but maintaining medical records and documents that show your treatment history, bills, prescriptions, diagnostic reports and any other documentation that can become important evidence in court while determining whether your treatment constituted a deficiency of service that can be legally-actioned.
But first, what does deficient mean from a legal standpoint?
Deficiency in service under Consumer Laws
Under the Consumer Protection Act, 2019 “deficiency in service” is defined under Section 2(11) to include any fault, imperfection, shortcoming or inadequacy in the quality, nature or manner of performance of service. How does NEGLIGENCE fit into this definition? Keep reading. This definition specifically includes NEGLIGENCE or an act or omission which causes loss or injury to the consumer.
However, if every unsuccessful treatment caused an action for negligence then patients would be filing lawsuits for any unfavorable medical outcome. Keep in mind, medical treatment does not guarantee a result. The Court will review the circumstances surrounding your treatment, determine the relevant standard of care and make a decision based on evidence presented. The Supreme Court has previously upheld cases where Medical Negligence and deficiency were upheld on the facts by reviewing medical records and other evidence presented.
Does Medical Service Deficiency Even Matter in India in 2021?
Medical bills can cripple a family. Medical expenses can exceed the original bill by far. An extended illness, follow-up surgeries, loss of income or mounting pain and suffering can cause financial and emotional hardship that your family may not be able to recover from.
BK Singh Advocate has assisted clients in understanding their rights as consumers against medical service providers under Indian Law in medical negligence cases and deficiency matters. We’ve seen cases ranging from hospitals to individual physicians and healthcare providers of medical services.
Your legal issue will usually be much narrower than “Did my treatment fail?” Simply because you had a bad medical outcome, does NOT mean you automatically have a valid legal negligence claim. Your physician may have provided the best treatment possible under difficult circumstances. Instead, your medical records and evidence should be reviewed to determine whether your physician breached the applicable standard of care or provided you with deficient service in another capacity.
Medical Services fall under Consumer Law
The Supreme Court has made it clear that compensation based medical services fall under the jurisdiction of consumers laws. This started back when there was JUST a Consumer Protection Act with Indian Medical Association v. V. P. Shantha. This Article not only summarizes that case but explains how Consumers courts have jurisdiction over medical cases.
Collecting & Preserving Medical Records Should Be Priority
The real question for most Delhi, Mumbai or Bangalore families will be how to obtain and preserve all of your medical records. Hopefully, while you can still remember the events that occurred and they are readily available.
Quick Facts About Medical Compensation Claims From NCDRC
- Medical negligence can amount to deficiency in service if certain statutory requirements are met.
- Under Section 2(11) of the Consumer Protection Act, 2019 read with Rules, “deficiency” includes deficiency in services.
- Medical Services are considered a service provided for “consideration” (payment).
- Just because your treatment went wrong, does NOT necessarily mean you were a victim of negligence.
- Whether a claimant is entitled to compensation depends on the facts, evidence adduced before the consumer forum, injury suffered and if deficiency is established legally.
- Medical records can be used as evidence in Consumer Cases.
- NCDRC or State/District Consumer Commission has jurisdiction to accept a consumer complaint based on the statute schemes and factual matrix.
Can I Claim Compensation for Medical Negligence From NCDRC?
Yes. If you are able to prove that there was a deficiency in service and medical negligence and if NCDRC or the State/ District Consumer Commission has jurisdiction to hear your claim, you may be entitled to compensation through the consumer complaint process.
Relief is not guaranteed, however. The consumer commission will hear your side of the story as well as the evidence you provide before determining if you are entitled to the relief you seek. In medical negligence cases, sometimes the compensation awarded can relate to cost of treatment, consequences of injury, continuing pain and suffering and other monetary damages that the court deems reasonable and can be supported by proof.
How Much Compensation Can I Receive?
The Supreme Court has repeatedly instructed consumer courts to award reasonable compensation in medical negligence cases. The Apex Court has been particularly harsh in cases where the treatment was found to be deficient but the compensation awarded by the consumer forum was considerably less than what was proven in court as a consequence of that deficiency.
This should serve as an important lesson to all patients looking to file a claim: your claim for monetary compensation should be based on actual consequences that can be proved. Requesting some huge amount of money because you can’t get the doctor to respond will only lead to frustration later on. Ask BK Singh Advocate about how to calculate your compensation before spending money on formal proceedings.
What Evidence Do I Need to Prove?
Medical Negligence Cases Require Documents
Negligence cases require paperwork. You should keep your ORIGINAL medical record, if possible, and assemble a file with copies of documents that are organized. There is no “secret” document that will win you your case. Below is a list of useful documents. Medical records and doctor testimony is crucial in medical negligence cases.
Here is a list of items that you should look to preserve:
- Hospital admission/discharge summaries
- Prescription & Doctor’s consultation notes
- Lab and pathology reports
- Imaging reports/reports on scans/X-rays
- Operative/r procedure notes
- Consent forms
- Itemized medical bills/receipts
- Pharmacy receipts/bills
- Documentation of any follow up or future treatments
- Doctor Referral documents if any.
- Correspondence with the hospital/doctor
- Insurance documentation (if applicable to your claim)
- Evidence of any additional treatment you have received
- Proof of financial losses suffered (if applicable in your jurisdiction).
This is the opposite of what you should be doing. Medical records should not be changed. Oral arguments, the entire medical record can paint a better picture than one page of your medical record. If you have questions about your medical records being altered or lost, consult an attorney first.
Complex Medical Issues Require Reviewed Evidence
If your complaint deals with complex medical issues, then the evidence you have will have to be analyzed by someone competent in that area of medicine. The Supreme Court hears hundreds of medical negligence cases every year and routinely looks at the medical records and testimony concerning the treatment patients received.
When Should I Contact a Lawyer?
You should speak with an attorney after you feel you have received substantial injury or have received further medical treatment. You should also seek legal help if you think the hospital is refusing to give you records, your family members aren’t sure if it rises to negligence, or if you received vastly different stories from multiple doctors involved in your care.
Delaying your consultation can also cause issues. Families tend to wait too long thinking they can “work it out” with the hospital. You begin to lose track of dates of treatment, when you discovered the alleged negligent act and all other correspondence. DOCUMENT EVERYTHING. Write down your conversations, when you received treatment etc. Don’t rely on your memory during times of stress.
BK Singh Advocate can provide an initial consultation to examine your records and understand the specifics of what happened. Patients located in Delhi NCR, Noida, Ghaziabad, Gurugram and other cities in India can contact us.
No attorney will promise you compensation on day one. The purpose of the initial consultation is to determine if there are facts and evidence to establish a legally sustainable claim under the consumer laws.
How Can NCDRC Lawyers Help You with a Medical Compensation Claim?
Experienced consumer lawyers can help review your medical negligence situation from a consumers perspective. What happened to you? Do you have records to support your claim? What concerns do you have about jurisdiction? What are you seeking from the hospital?
Your lawyer should first ask you what treatment you received, what you were told happened by the doctors and what actually happened according to your records. Next, they should discuss with you what injuries and costs you incurred. This will start the lawyers mental dialogue about consumer courts vs. alternate laws applies and what evidence should be preserved. BK Singh Advocate will then inform you if your matter can be brought to a consumer forum.
Another important topic of discussion will be to dispel actionable claims from an adverse medical result. Just because you had a bad outcome, does NOT mean you were negligent. BK Singh Advocate can help you understand if your situation meets the legal standard for negligence.
FAQs
1. Can I claim compensation from NCDRC for medical negligence?
Yes. Provided that the requirements to bring a consumer case are met, consumer complaints are a pathway to compensation or other relief if negligence can be proven. The relief awarded depends on the facts and proof presented and could include anything made reasonably available to the court.
2. Can I claim medical negligence if treatment was unsuccessful?
No. Medical negligence must be evaluated based on the facts surrounding treatment. Poor medical outcomes do not inherently mean negligence occurred.
3. Does Consumer Law cover doctors?
Medical services provided for compensation may be covered by Consumer Law. Please see Indian Medical Association v. V. P. Shantha from the Supreme Court which may help answer your question.
4. Can patients claim compensation for costs of further treatment?
Patients may be entitled to reasonable compensation in accordance with the law for proven deficiency or negligence and resulting consequences. Costs in further treatment would have to be substantiated with medical documents and expenses as reflected by bills and proofs.
5. What constitutes deficiency of service?
Deficiency means any fault, imperfection, shortcoming or inadequacy in the quality, nature or manner of performance of the service. Section 2(11) negligent acts in rendering services are expressly listed as examples which result in loss or injury to consumer.
6. Is a hospital liable for deficient medical service?
Again, based on the facts and the legal relationship of the parties, there can be liability against a hospital for negligent medical treatment. Whether or not a hospital will be liable for acts of its doctor will depend on the specific facts and evidence.
7. Can we file case against hospital providing free treatment in consumer court?
It is true that as a general rule free medical services are not within the purview of consumer courts jurisdiction. However the Supreme Court has elaborated on important distinctions based on free or for consideration services in V. P. Shantha.
8. What documents should I show to NCDRC lawyer?
Feel free to show your NCDRC lawyer any records you have. Prescriptions, reports, bills, consent forms, discharge summary, correspondence, and even from treatment afterward can be helpful. BK Singh Advocate can help you understand what issues are worth pursuing.
9. Should I complain to medical council or consumer forum?
Short answer, maybe both. Filing a consumer complaint is only one avenue for consumers to consider. Writing up the medical council would subject the matter to an entirely different regime.
10. Does NCDRC guarantee compensation for medical negligence?
No. Just as no lawyer can predict the outcome of any court case, no lawyer at NCDRC can guarantee your consumer complaint will be granted compensation. There are many reasons a consumer court may grant or deny compensation.
Conclusion
If you have a legitimate complaint against a medical professional, you deserve to have your claim evaluated by trusted legal counsel. However, a bad outcome from medical treatment does not automatically equal malpractice. Ask yourself: Does my evidence prove a negligent failing to provide the expected degree of care?
Speak to a lawyer who can evaluate your evidence and medical records and advise you on the consumer forum process. Consumers in Delhi NCR (and India) need to be mindful of preserving their medical records ASAP and consulting with a lawyer about whether their consumer complaint is worthwhile. It should be an objective discussion.
BK Singh Advocate & NCDRC Barristers can help you review any claim of medical negligence and compensate you have based on the evidence you have. Medical professionals are skilled in identifying jurisdictional pitfalls and dismissing cases that cannot meet legal standards. You deserve a legal professional who will review your evidence objectively and educate you on realistic/legal remedies available to you.
If you suffered major injury during treatment, underwent additional procedures, paid extra money, or are living with permanent effects – please consult with an lawyer as soon as you realize your need for remedies. You may be able to preserve medical records and learn about your options.
