When doctors fail: What you can legally do about medical negligence

Remember that movie where a boy dies on the operating table and his mother takes the hospital to court? That story isn’t just fiction.

Transcript

00:00Remember that movie where a young boy dies on the operating table and his mother takes the

00:08hospital to court? That was the Ankur Arora murder case based on a true story of alleged

00:14medical negligence. But these cases are not just fiction. This hospital in Chennai has

00:19been ordered by the Chennai Consumer Forum to pay the parents of a newborn over 33 lakh rupees.

00:25Why? Because their baby lost his fingers due to hospital negligence. Cases like

00:31these remind us that medical negligence is not just a tragedy. It is also a

00:36consumer rights issue. So what exactly is medical negligence? Watch this video to find out.

00:41The Supreme Court and the medical ethics rules say that every doctor owes their

00:51patient a reasonable duty of care. That doesn't mean guaranteeing a cure, but it

00:57does mean acting with skill, caution and competence. If a doctor chooses one

01:02accepted treatment over another, that's fine. But ignoring risks, misdiagnosing or

01:08failing to explain procedures properly, that can be negligence. Under India's

01:13Consumer Protection Act, both the old 1986 law and the newer 2019 version, patients

01:19are legally recognized as consumers. Which means since you pay a doctor, a hospital or

01:25clinic for treatment, you are a consumer and the law is meant to protect you. Even

01:31free and charitable healthcare providers come within this ambit and so do telemedicine and

01:36online consultation. Additionally, every doctor is legally required to give you a bill or receipt.

01:43Yes, even the free ones. And here's something more people need to know.

01:47Informed consent. This is a legal requirement, meaning that the doctor must explain the procedure,

01:54effect, risks and alternatives before you say yes. And saying yes to one thing does not mean that

02:01anything goes. So what can you do if you face medical negligence? You have two options. Option one,

02:08file a complaint under the Consumer Protection Act 2019 at your District Consumer Forum. You can do

02:14that online through the National Consumer Helpline or submit it physically. Here, you can claim compensation

02:21from the doctor, hospital and staff. Option two, you file a complaint with the State Medical Council.

02:28They can take disciplinary action, even suspend a doctor's license to practice in serious cases. And yes,

02:34you can do both of these at the same time. The Consumer Protection Act exists to make justice faster and

02:41more affordable for patients who have been wronged. So if you or someone you know has suffered because

02:47of medical negligence, remember you are not helpless. You are a consumer and the law is on your side.