Patients place complete trust in doctors and hospitals. When treatment falls below the accepted standard of care and causes harm, the law provides remedies for compensation. At the same time, not every unfortunate outcome is negligence — each case must be examined carefully against the medical records and independent expert opinion.
Adv. S. Mohamed Yunus helps patients and families in Coimbatore evaluate whether a claim is legally sustainable, obtain complete medical records, secure independent medical opinion and pursue compensation before the Consumer Commission or civil court. Injury claims arising from the negligence of establishments, contractors or public authorities are also handled.
Scope
Matters handled
- Surgical errorsWrong-site surgery, foreign objects left behind and avoidable post-operative complications.
- Wrong or delayed diagnosisFailure or delay in diagnosis resulting in worsening of the patient's condition.
- Medication & anaesthesia errorsWrong prescriptions, dosage errors and anaesthesia-related injuries.
- Hospital deficiencyInadequate monitoring, infection-control failures, lack of facilities and overcharging.
- Lack of informed consentProcedures performed without proper explanation of risks and alternatives.
- Maternity & child careNegligence during pregnancy, delivery and neonatal care.
- Personal injury claimsInjuries caused by unsafe premises, falls, electrocution or negligence of public bodies and contractors.
Process
How the process works
- 1
Medical records
Obtaining case sheets, prescriptions, test reports, discharge summary and bills from the hospital.
- 2
Independent opinion
Review by an independent medical expert to identify departures from accepted medical practice.
- 3
Notice & complaint
Legal notice to the doctor or hospital, followed by a consumer complaint or civil suit as appropriate.
- 4
Evidence & arguments
Expert evidence, medical literature and arguments on negligence, causation and the quantum of compensation.
Documents to keep ready
- Case sheet, prescriptions and discharge summary
- Laboratory and imaging reports
- Hospital bills and payment receipts
- Consent forms signed at the hospital
- Records of subsequent treatment and opinions from other doctors
- Income proof to support loss of earnings
Relevant laws
- Consumer Protection Act, 2019
- Law of torts — negligence and damages
- Code of Civil Procedure, 1908
- Tamil Nadu Private Clinical Establishments (Regulation) Act, 1997
FAQ
Frequently asked questions
How do I know whether it is medical negligence?
Negligence is established when a doctor or hospital fails to exercise the degree of skill and care expected of a reasonably competent professional, and that failure causes harm. An independent expert review of the records is usually the first step.
Can I file a medical negligence case before the Consumer Commission?
Yes. The Supreme Court has held that medical services rendered for consideration fall within consumer law. Treatment rendered completely free of charge to all patients may be treated differently.
Can I get a copy of my medical records?
Patients and their authorised representatives are generally entitled to copies of their medical records. A written request should be made to the hospital, and a legal notice can follow if records are withheld.
What compensation can be claimed?
Compensation may include additional medical expenses, loss of income, future treatment costs, pain and suffering and, in fatal cases, loss of dependency for the family.
The information on this page is general in nature, based on the law as generally understood, and is not legal advice. Legal positions change and outcomes depend on the facts of each case. Please consult before acting on any information.
