Personal, Family & Injury
Medical Negligence
Claims against doctors and hospitals before consumer commissions or civil courts, and related complaints.
DLP's chamber: No. 548, A Block, High Court, Lucknow
What the law says
A patient or their family can seek compensation for medical negligence before the consumer commissions under the Consumer Protection Act, 2019, where the service was paid for, or by a civil suit. The test is whether the doctor failed to exercise the reasonable skill and care of an ordinarily competent practitioner, as explained by the Supreme Court in Jacob Mathew v. State of Punjab (2005). Criminal liability arises only for gross negligence. A complaint can also be made to the State Medical Council. Medical records are central evidence, and patients are entitled to copies of their records.
Consultation
Speak to the chamber.
Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.
Frequently Asked Questions
Where can I file a claim?
Before the District, State or National Consumer Commission depending on the value of the claim, or in a civil court. A complaint about professional conduct can be made to the State Medical Council.
What must be shown?
That there was a duty of care, that it was breached by falling below the standard of a reasonably competent practitioner, and that the breach caused the harm. An unfortunate outcome by itself is not negligence.
What should I collect?
Admission and discharge papers, prescriptions, test reports, bills, consent forms and a written request for the complete case file.
Related Services
Commercial & Civil Suits
Suits over contracts, payments and business disputes in the civil and commercial courts.
Consumer Disputes
Complaints about defective goods, deficient services and unfair trade practices before consumer commissions.
Insurance Claims
Disputes over rejected or delayed insurance claims before the Ombudsman, consumer commissions or courts.