1) it has to be proved that death was due to medical negligence .

2) you have not mentioned whether you have the medical records or not .

3) please clarify .

if you have the medical records then consult another doctor . obtain his written opinion that there was negligence in treatment .

4) you can lodge complaint with medical council of india against hospital and doctor .

5) also lodge police complaint regarding negligence of hospital . police will send medical report to govt hospital to check whether there has been negligence or not . based on opinion of govt doctors case would be registered.

6) you will have to file consumer complaint for deficiency in service and for compensation in kolkata within whose jurisdiction medical negligence occurred

Hi, you can file a complaint in West Bengal Medical Board and for professional misconduct against doctor and hospital.

2. You have to file a complaint under consumer protection act for deficiency of services against hospital and doctor.

3. Though you are reside in Pune you have to file a complaint in West Bengal against the Doctor and hospital as the cause of action arise in West Bengal and before filling a complaint you have to issue legal notice.

You can claim compensation for lost of your father.Send a Legal Notice to the said hospital in Kolkata to claim a lump sum amount for compensation. If they would not comply as per notice then file a case in District Consumer Forum(up to Rs.20 lakhs)/State Consumer Commission( Rs.20 lakhs to 1 core) in Kolkata for deficiency of service and medical negligence.Case not to be filed in Pune, feel free contact I may help you.

1. You have abundant remedies under the Indian legal framework.

2. You can prosecute the hospital management and the doctors who conducted the operation for medical negligence. If found guilty they will be jailed.

3. In addition to above, you can also seek heavy monetary damages from the hospital for the negligence which resulted in the demise of your father.

4. If the death of your father took place in Kolkata then the cases can be filed only in Kolkata.

5. Conducting another operation without the consent of the family members is impermissible.

1. The cause of action had arisen in Kolkata,

2. Lodge a complaint before the MCI first against the said doctor and Hospital,

3. You shall have to file the complaint case before the appropriate consumer court in west bengal alleging deficiency in service and unfair business practice claiming refund of the entire amount charged from you, damage and cost,

4. You can refer the Supreme court order in cnnection with the case filed against the negligent death of Dr.Anuradha Saha by her husband.

Mr Md. Imtiaz Uddin

Let me first express my condolences at your bereavement. The best solution for you is to sue the Hospital in consumer forum for gross medical negligence. From what you say, it prima facie appears to be a strong case against the hospital and the Consumer Forum has been extremely remedy oriented in my opinion in such cases.

As far as the negligence of the doctors in question are concerned the regulatory authorities and the guardian institutions of the Medical profession have been informed by you already and quite rightly so. But let me share my apprehensions about any strict step being taken from their behalf. Hardly ever are doctors punished for violation of professional ethics by the IMA.

But then again if the consumer forum admits gross negligence and till then nothing has happened then we can use such observations of the consumer forum to later judicially enforce justice on the culprit doctors.

Now to respond to your last query, I will have to admit that the complaints can be made from Pune as well but if you intend to sue them for medical negligence then such suit have to be initiated in Kolkata itself.

Dear Querist

you have to file the complaint before Kolkata Court, your personal presence is not required on and every date, only for the evidence you can be appear in person otherwise the counsel may handle the case.