Medical Negligence

Rights against hospital overcharging, malpractice, and refusal of emergency care.

Your Fundamental Legal Rights

• Right to Emergency Medical Care

As per the Supreme Court, no hospital (government or private) can deny basic life-saving emergency medical treatment citing lack of funds or police procedures.

• Right to Information and Records

Patients or their authorized representatives have the right to demand and receive a copy of their complete medical records and itemized bills within 72 hours.

• Protection Against Negligence

Patients have the right to sue doctors or hospitals for deficiency in service (medical negligence) leading to harm.

✅ What to Do (Immediate Actions)

Demand a written, itemized bill and receipts for all payments made to the hospital.
If medical negligence is suspected, formally request all medical records, test reports, and operation notes.
Get a second opinion from an independent doctor to ascertain negligence.

⛔ What NOT to Do

Do not vandalize hospital property or assault medical staff; this is a severe non-bailable offense.
Do not settle for verbal explanations if you suspect gross negligence.

Whom to Report & The Process

Authority: State Medical Council / National Medical Commission

Process: File a formal complaint against the doctor for professional misconduct or gross negligence. They have the power to suspend or cancel the doctor's medical license.

Contact / Portal: nmc.org.in

Authority: Consumer Courts

Process: File a case for compensation against the hospital/doctor for "deficiency of service" leading to medical harm or financial loss.