How to file Medical Negligence case in India?

Process to file Medical Negligence case in India

Seeking Justice and Compensation for Medical Negligence in India

Have you suffered due to a Hospital / medical professional’s negligence? You have the right to seek compensation and justice. Prospect Legal Private Limited, Bhopal’s leading legal consultancy company, offers expert guidance in filing medical negligence cases.

At Prospect Legal Private Limited, We are dedicated to providing expert legal guidance on filing medical negligence cases in India. Our team of experienced professionals is here to assist you every step of the way to ensure you receive the justice and compensation you deserve.

This webpage outlines the process and empowers you to take action.


Prospect Legal Private Limited - Your Trusted Legal Partner to file Medical Negligence Cases



What is Medical Negligence?

Medical negligence occurs when a medical professional breaches the standard of care expected from them, resulting in harm to the patient. This can happen due to breach of duty owed by the medical practitioner to the patient and errors in diagnosis, treatment, surgery, medication, or aftercare. Victims of medical negligence often face physical, emotional, and financial hardships.

Examples of Medical Negligence!

Examples of medical negligence include the following:

  • Misdiagnosis or delayed diagnosis
  • Surgical errors
  • Prescribing the wrong medication or dosage (Prescription errors)
  • Failure to provide appropriate treatment
  • Birth injuries
  • Anesthesia errors

What Does Not Come Under Medical Negligence?

A doctor is not liable in every case where a patient has suffered an injury. The doctor may have a valid defense, such as not having breached the duty of care.

  • Unsuccessful treatment despite proper care
  • Non-negligent mistakes
  • Unforeseen complications arising from a known risk explained to the patient beforehand.
  • Unsuccessful medical procedures despite following proper protocols.

Types of Medical Negligence!

Medical negligence can occur in various ways, typically when a medical professional deviates from the required standard of care. Any deviation from accepted standards of medical care is considered medical negligence. If such negligence causes injury to a patient, the responsible doctor, other staff, and/or the hospital may be held liable.

  • Wrong diagnosis
  • Delayed diagnosis
  • Surgical errors
  • Unnecessary surgery
  • Anesthesia errors
  • Childbirth injuries & malpractice
  • Long-Term negligent treatment

Collection of Evidence Related to Medical Negligence!

  • Medical records
  • Expert testimonies
  • Witness statements
  • Photographic evidence

Necessary Test to Determine Medical Negligence!

  • Medical expert evaluations
  • Review of medical records
  • Analysis of standard care practices

Challenges Faced by the Victims of Medical Negligence!

  • Proving negligence
  • High legal costs
  • Emotional and physical strain
  • Delay in justice

Medical Negligence Cases in Consumer Courts!

Who is a Consumer?

A person who avails of medical services for consideration.

When Can a Complaint Be Filed?

A complaint can be filed when there is evidence of deficiency in service by the healthcare provider.

Who Can File a Complaint?

  • The patient
  • Legal heirs of the patient
  • Any recognized consumer association

Forums in Which One Can File a Complaint

  • District Consumer Disputes Redressal Commission
  • State Consumer Disputes Redressal Commission
  • National Consumer Disputes Redressal Commission



Essentials of Medical Negligence!

To establish a medical negligence claim in India, it is crucial to prove certain fundamental elements. These elements ensure that the claim is valid and the healthcare provider can be held accountable for their actions. Here are the key essentials of medical negligence:

Duty of Care:

The first element in a medical negligence claim is to establish that the healthcare provider owed a duty of care to the patient. This means there was a recognized relationship between the patient and the provider, where the provider was expected to deliver medical care with a reasonable degree of skill and competence.

Example: When a patient visits a doctor for treatment, a duty of care is automatically established. The doctor is expected to diagnose and treat the patient with the same level of care that a reasonably competent doctor would provide in similar circumstances.

Breach of Duty:

Once the duty of care is established, the next step is to demonstrate that the healthcare provider breached this duty. This occurs when the provider fails to meet the standard of care expected from a competent professional in similar circumstances. The breach can be an act of omission or commission.

Example: A surgeon leaving a surgical instrument inside a patient’s body during surgery is a clear breach of duty. Similarly, a doctor misdiagnosing a condition that a competent doctor would have correctly diagnosed is also considered a breach.


Proving causation involves showing a direct link between the breach of duty and the injury or harm suffered by the patient. It must be demonstrated that the injury would not have occurred but for the healthcare provider’s breach of duty.

Example: If a patient develops an infection due to unsanitary surgical conditions, it must be shown that the infection was directly caused by the lack of proper sanitation, which is a breach of duty by the medical staff.


The final element requires showing that the patient suffered actual harm or loss as a result of the healthcare provider’s negligence. Damages can be physical, emotional, or financial. Without proof of damages, a negligence claim cannot be successful.

Example: Damages may include physical injury, such as a disability caused by a surgical error, emotional distress from prolonged pain, or financial loss due to additional medical treatments required to correct the mistake.


In summary, to establish a valid medical negligence claim, the patient must prove the existence of a duty of care, a breach of that duty, causation linking the breach to the injury, and actual damages suffered. These elements form the foundation of any medical negligence case and must be thoroughly demonstrated to hold a healthcare provider legally accountable for their actions. At Prospect Legal Private Limited, we specialize in navigating the complexities of medical negligence claims to ensure our clients receive the justice and compensation they deserve.



Step-by-Step Procedure for Filing a Medical Negligence Case in India!

Navigating a medical negligence case can be complex and challenging. Below is a detailed step-by-step guide to help you understand the procedure. Prospect Legal Private Limited, a leading legal consultancy company based in Bhopal, is here to support you throughout this process.

1. Consult a Legal Expert

Seek advice from experienced lawyers at Prospect Legal Private Limited.

  • Initial Consultation: Schedule a consultation with our legal experts to discuss the specifics of your case. This initial meeting is crucial to understand the merits of your claim and the potential legal avenues available.
  • Legal Advice: Our lawyers will provide you with a comprehensive understanding of your rights, the legal standards for proving medical negligence, and the possible outcomes.
  • Case Evaluation: We will evaluate the details of your case, including the medical treatment received and the extent of harm suffered, to determine the viability of your claim.

2. Collect Evidence

Gather all medical records, communication, and documentation.

  • Medical Records: Obtain copies of all medical records related to the treatment in question. This includes diagnosis reports, treatment plans, prescriptions, surgical notes, and follow-up care details.
  • Communication: Collect any communication between you and the healthcare provider, such as emails, messages, and letters. This helps establish the provider-patient relationship and the timeline of events.
  • Documentation: Gather additional documentation, such as bills, payment receipts, and insurance claims, which can help quantify the financial impact of the negligence.

3. Obtain Medical Opinion

Secure an expert opinion to support your claim.

  • Identify an Expert: Find a qualified medical expert who can review your case objectively. This expert should have relevant experience in the specific medical field related to your case.
  • Review of Records: The medical expert will review all collected medical records and documentation to determine if there was a deviation from the standard of care.
  • Expert Statement: Obtain a written statement from the expert, detailing their findings and supporting your claim of negligence. This statement will be a crucial piece of evidence in your case.

4. File a Complaint

Draft and submit the complaint to the appropriate forum.

  • Drafting the Complaint: Our legal team at Prospect Legal Private Limited will assist you in drafting a comprehensive complaint. This document should outline the facts of the case, the nature of the negligence, the harm suffered, and the compensation sought.
  • Choosing the Forum: Depending on the value of the compensation claimed, the complaint can be filed in one of the following forums:
    • District Consumer Disputes Redressal Forum
    • State Consumer Disputes Redressal Commission
    • National Consumer Disputes Redressal Commission
  • Submission: Submit the complaint along with all supporting documents and the required filing fee to the chosen forum.

5. Court Proceedings

Attend hearings, present evidence, and argue your case.

  • Notification: Once the complaint is filed, the court will notify the healthcare provider and set a date for the hearing.
  • Representation: Our experienced lawyers will represent you in court, presenting your case, submitting evidence, and cross-examining witnesses.
  • Hearings: Attend all court hearings, where both sides will present their arguments and evidence. The court will examine the merits of the case, the evidence presented, and the testimonies of experts and witnesses.
  • Negotiations: In some cases, there might be opportunities for settlement negotiations before a final judgment is reached.

6. Judgment

Await the court’s decision and any awarded compensation.

  • Deliberation: After the hearings, the court will deliberate on the evidence and arguments presented.
  • Judgment: The court will issue a judgment, which could include a ruling in your favor, awarding compensation for medical expenses, pain and suffering, loss of income, and other damages.
  • Enforcement: If the judgment is in your favor, our legal team will assist you in enforcing the court’s order to ensure you receive the awarded compensation.
  • Appeals: If the judgment is unfavorable, you have the right to appeal to a higher court. Our lawyers will guide you through the appeal process if necessary.

Contact us to file Medical Negligence Case in India

At Prospect Legal Private Limited, we understand the profound impact that medical negligence can have on your life. Our India-based legal consultancy firm is dedicated to offering expert legal services to victims of medical malpractice, ensuring they receive the justice and compensation they deserve.

At Prospect Legal Private Limited, we are dedicated to helping victims of medical negligence seek justice. Our experienced legal team will support you at every step, ensuring that your case is handled with the utmost care and professionalism.