Legal notice format to a hospital for medical negligence
How to draft a legal notice in case of medical negligence by a hospital or doctor.
The first and foremost step to bring an action against a Hospital or a doctor for medical negligence is to issue a legal notice. Such a notice must state the dispute of the complainant and state the reliefs being sought.
You can also file a criminal case against the hospital for medical negligence which carries an imprisonment of up to 2 years. Apart from this you can also sue it to seek compensation for the medical negligence which resulted in the death of your daughter.
Only a court of law is competent to adjudicate the guilt of the hospital. The opinion of a board of directors along with the medical history of your daughter would be taken into consideration by the court.
You need to engage a lawyer to proceed.
Here is the format of a legal notice issued to a doctor in case of medical negligence.
XYZ Advocate Mobile:- 980000000
New Delhi, _____Court
Seat No. 300.
_______________________________________________
Ref.
NO…. Dated
:-
Regst. Legal notice
To,
Dr. Sanjay Arora, (MBBS, M.S (Ophthalmology)
___________ Hospital, Delhi.
Sub :- Legal Notice
Sir, Under the instructions and on behalf of my client namely Mr. _____________, I do hereby serve you with the following legal notice as under :-
1-
That
my above said client was suffering from pain in his right eye along with eyesight
problem and therefore my client visited the Hospital of you noticee for
his eye checkup and where you noticee examined him and accordingly advised him to
undergo surgery of his eye.
2-
That
as per your advice, my above said client got admitted on dated 10-01-2021 in
your hospital and an eye operation was performed by you noticee and after
operation my client was discharged on the same day i.e on 10-01-2022. You
noticee assured my client that he would get best facilities and service in the
hospital.
3-
That
after conducting the above said operation, you noticee also prescribed
medicines on dated 10-01-2022, 12-01-2022 and my client took all the medicines
as suggested by you noticee but did not find any improvement in the vision of
his right eye. My client raised various complaint to you noticee and you
noticee every time suggested to use the medicines regularly and assured that
the vision would certainly improve.
4-
That
after someday my client has completely lost his eye sight on which the
operation was performed by you noticee and therefore my client got it cross
checked at AIIMS, Delhi on 13-01-2022, where the doctor revealed that the
operation was not properly performed by you noticee. Even after this my client
approached other eye hospitals also but inspite of his best efforts my client
could not save his right eye and lost the complete vision of the right eye
which caused permanent disability to my client.
5-
That
my client has spent huge amount of Rs. 2,00,000/- on his treatment, special
diet, transportation etc. but due to deficiency in treatment and negligent
conduct of you noticee, an irreparable damage has been done to my client which
cannot be set off by any amount whatsoever. It is submitted that my client was
earning handsome income before the said treatment and the entire family of my
client was dependent upon home but due to permanent lost of vision the future
of my client is ruined.
6- That in the light of the
above said facts and circumstances and for the trauma and agony suffered by my
client due to the above said deficiency in medical treatment provided by you
noticee, my client is entitled to a compensation of Rs. 10,00,000/- (Rs. Ten
Lac only) including the cost of treatment and losses incurred due to negligence
of you noticee out of which Rs. 8,00,000/- has been assessed for causing
permanent disability of right eye closing all opportunities for further
employment of work and great difficulty in daily life and routine.
I, through this notice,
hereby call upon you to pay a sum of Rs. 10,00,000/- (Rs. Ten Lac Only) as
compensation to my client on account of money spent on his treatment and for
causing permanent eyesight loss, mental tension, agony within 15 days of
receipt of this notice, failing which my client shall prosecute you in
appropriate Court of law for your acts. I have further instructions to initiate
legal proceedings against you noticee Criminal Act and Consumer Protection Act,
at yours costs and risks.
Copy kept in my office for further reference.
(XYZ Advocate)
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