This document provides guidance on initiating legal action against a healthcare provider. It notes that patient safety is the top concern, but mistakes do happen and not every mistake constitutes negligence. It recommends getting an independent medical opinion before concluding negligence, giving the doctor a chance to explain, and thinking rationally rather than emotionally. It also advises being prepared to see the legal case through to completion. The document outlines options for legal recourse and the process for pursuing a case, including gathering evidence and choosing a lawyer. It aims to empower patients with knowledge of their rights while pursuing legal action or resolution through alternative dispute mechanisms.

1. Initiating Legal action against health
care provider
PATIENTS SAFETY… THE FIRST CONCERN
DOCTORS ARE NOT INFALLIBLE
EVERY MISTAKE IS NOT NEGLIGENCE
COURTS AND LEGAL RECOURSE IS NOT THE ONLY OPTION

2. TAKING LEGAL RECOURSE
 Accidents do happen. All mishaps are unfortunate but only
some are because of medical negligence
 If possible, take an independent opinion before coming to
conclusion of medical negligence.
 Give an opportunity to the doctor/hospital to explain their side.
 Think rationally, not emotionally– one false case can demoralize
a good doctor for life.
 If still, you feel that the doctor/hospital is guilty, be prepared to
take your case to its logical conclusion.

3. Don’t allow emotional outbreak take over..
 Ransacking hospitals or attacking doctors CAN put some on
else’s life in danger.
 There is a law which empowers police to arrest the relatives and
put them behind bars for this offence.
 It can reflect badly on your case later.

4. What are the options?
1. Criminal court or police: Gross negligence is extremely rare and
difficult to prove
2. Consumer Court for compensation/ damages: Correct forum to
approach
3. Maharashtra Medical Council ( disciplinary action): Only if they
ethical issues are involved

5. Preparation for legal recourse
 Collect the certified copies of all the papers from the healthcare
provider and mark them chronologically.
 You do not need the originals for this.
 Read , understand what has gone wrong.
 Find out whether these are known complications or no.
 Take help of independent professionals if need be.

6. Choosing a Lawyer
 Referral of friends, relatives, organisations.
 Practicing in this field requires aptitude, inclination and
motivation to go the extra mile
 The conference- remember you have to tell all relevant facts,
written brief helps, carry all papers and let him decide the
relevance.
 Understand the limitations, achievable targets and timeline.

7.  In consumer courts you do not necessarily need a lawyer to
represent you.
 You can your self do it. You can appoint an authorized
representative.
 Be aware of lawyers who try to strike a deal of taking
percentage of award from you. That is not legal in India.
 Be aware of doctors who may instigate for their internal
professional rivalry

8. Understanding stages of proceedings
 Complaint
 Written statement
 Rejoinder
 Evidence
 Judgement

9. Heirarchy of consumer courts
District forum
State forum
National forum
Quantum of compensation decides the forum.
Lawyers fees may rise when you are going to
higher forum
Myths: “Ask for more; you will get something!”
Truth: It may send derogatory signal.

10. Expert for evidence: difficulty in finding one
 It is hard to find an expert to depose as witness in
the court.
 Experts may easily find faults, mistakes, errors in
hind sight but it may be difficult to call it as
“negligence.”

11. Is opinion of government doctor required?
 Jacob Mathew case: In criminal prosecution :yes.
 Martin F. D'Souza vs Mohd. Ishfaq: Rule extended to all
 V. Kishan Rao Versus Nikhil Super Speciality Hospital:
Role restricted to criminal cases only.

12. BEFORE YOU GO TO THE POLICE/COURT
 Criminal prosecutions are normally for punishment and not
compensation. The standard of proof to establish your case is
that of gross negligence, which is rarely the case, hence high
rate of acquittal.
 Advisable to pursue consumer disputes since compensation
is awarded. Several instances of hospitals and doctors having
to cough up hefty amounts of compensation.
 Need for a non-adversarial alternate dispute resolution
mechanism which is where Patient Safety Alliance can play a
role.

13. YOUR RIGHTS IN COURT
 RIGHT TO BE HEARD
 RIGHT TO BE ALLOWED
REPRESENTATION
 RIGHT TO CERTIFIED COPIES

14. YOUR RIGHTS IN POLICE STATION
 RIGHT TO A COPY OF F.I.R. IF YOU ARE COMPLAINANT
 RIGHT TO GET YOUR DOCUMENTS ACKNOWLEDGED
 RIGHT TO HAVE YOUR STATEMENT EXPLAINED IN YOUR
LANGUAGE AND A COPY OF IT.
 RIGHT TO ACCIDENTAL DEATH REPORT (ADR)
 RIGHT TO INSIST FOR A REPORT FROM EXPERT PANEL IF GROSS
NEGLIGENCE
 RIGHT TO CHALLENGE POLICE REPORT

15. SETTLE IT … OFFICIALLY
 Consent terms/Settlement Agreement in Consumer Court
 Compoundable offences and non-compoundable offences.
 Settlement at Appellate stage …in fact at any stage !
 Don’t let egos get the better of you. Focus on the larger picture

16. Dream role of Patient Safety Alliance
 To empower patients to understand their rights in a health care
unit /clinic
 To establish a healthy dialogue between the patient community
and medical fraternity
 To act as an alternate dispute redressal mechanism to prevent
escalation of disputes

17. THANK YOU !
ASHISH S. CHAVAN, ADVOCATE