firstly apply for and obtain medical records from hospital

2) The Medical Council of India has imposed an obligation on Hospitals as per the

regulations notified on 11th March 2002, amended up to December 2010 to maintain the

medical record and provide patient access to it.

3) 1.3.2. If any request is made for medical records either by the

patients/authorised attendant or legal authorities involved, the same may

be duly acknowledged and documents shall be issued within the period of

72 hours.

4) on basis of medical records consult another doctor . obtain his written opinion that there was negligence in treatment .

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

6) 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

You get her treatment documents and papers and what was the line of treatment and medicines prescribed. 

Sir,
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- As per law, It is the civil right of a patient and his family members to receive medical attention from doctors and hospitals. 

- Further, the relationship between the patient and doctor takes the shape of a contract retaining the essential elements of tort.

- Further , a doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor.

- Further , it is the duty of doctor to obtain prior consent from the patient before carrying out diagnostic tests and therapeutic management.

- Hence, the services of the doctors are covered under the provisions of the Consumer Protection Act , and thereby a patient can seek redressal of grievances from the Consumer Courts.

- You mentioned submission showing a doubt upon the working of doctor in the said hospital , who were giving treatment to your mother , and further the hospital is bound to provide complete details to you .

- Lodge a complaint against that hospital for negligence , and further issue a legal notice to the said hospital and thereby claim heavy compensation for their fault and deficiency of services. 

- If no response , then file a Complaint before the Consumer Court. 

- However, before filing the complaint take all the medical record from the said hospital and get advise from other doctors . 

EDIT:  I just saw this query was specifically addressed to someone. I did not mean to get in the way. My bad!

Hello, 

I am sorry for your loss.

You should ask for all documents relating to your mother’s treatment. These usually include discharge note/summary, admission form (along with consent), clinical case notes, etc. 

Regulation 1.3.1 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 requires each physician to maintain “medical records pertaining to his/her indoor patients” for a period of three years.

A request for such documents is to be honoured within 72 hours as per Regulation 1.3.2. The request can be made by patients/ authorised attendant or legal authorities. Legal heirs and close relatives routinely make such requests (in case you are wondering) which are generally honoured.

The request cannot be denied even where the hospital contends treatment charges have not yet been recovered by it.

Hope that answers your question.

Due diligence of her medical records would help me figure out as to what medical records or any other documents would be required to be used for evidentiary purposes.

Do you have any evidence to prove that the doctors at the hospital indulge into such negligent attitude.

Then you can proceed with the proposed to file a case against the doctor/hospital.

Before that you may obtain the medical records and refer it to an advocate for his opinion .