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Can a patient seek redressal for grievances regarding treatment received?

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Dr KK Aggarwal & Advocate Ira Gupta    02 March 2020

Yes, a patient who suffers from the negligent act of the doctors can seek remedy under several laws:

1. Compensatory action - Complaint against doctors, staff or hospital, whether private or government, who committed negligence, to seek monetary compensation before -

  1. Civil Court under law of Torts or Law of Contract,
  2. High Court under the Constitutional Law,
  3. Consumer Courts under Consumer Protection Act

2. Punitive action - Criminal complaint against the doctor under Indian Penal Code.

3. Disciplinary action - Complaint seeking disciplinary action against the medical practitioner or the hospital, before statutory bodies that govern the medical practitioners (Medical Council of India or State Medical Council).

4. Recommendatory action - Complaint before the National/State Human Rights Commission seeking compensation.

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