File Complaint Against a Government Hospital Doctor in India

[ADMIN]

Valid Grounds to File a Complaint

A complaint against a government hospital doctor must rely on a specific and verifiable incident with supporting evidence. Valid grounds for complaints include:

• Medical Negligence: Occurs when a doctor prescribes incorrect medication, fails to properly diagnose a condition, or improperly carries out a medical procedure. The result must be harm or the worsening of the patient, that is, someone else could have been provided more appropriate medical care. A doctor who misdiagnoses a patient, and the patient takes extra time to recover, will be an example that courts will recognize as negligence.
• Unjust Refusal to Treat: At times, a doctor will refuse to treat a patient for no valid reason; this includes, for example, an emergency that requires immediate medical attention. Unjust refusal of treatment that appears to be based on caste, religion, or gender will also be a valid complaint.
• Demand for Extortion: If a person is asking for money to provide a service that should be free for a patient in government hospitals, and their portals extend this free consultation or procedure, this includes situations where a doctor asks for money to give a consultation free of charge legally.
• Bad-mouthing and Abusive Behavior of Doctor Towards Patient: Bad-mouthing, yelling, or hurling phrases are abusive behavior; the same goes for a doctor who treats a patient in a dismissive way to humiliate or offend their patient. The doctor is culpable for underestimating the inherent dignity and also the mental well-being of the person.
• Breach of Confidentiality: Breach of privacy—a doctor cannot breach privacy, nor can team members of a hospital disclose medical information without consent. Poor Time Management: Intentionally delaying a treatment or consultation, leading to improper suffering or torment, is an acceptable complaint.
• Incapacity or Incompetence: A doctor who practices while drunk or impaired by drugs or behaves inappropriately (swearing or being distracted with a phone), is reportable.
• Falsifying Medical Records: Changing or disguising records to cover up making a mistake or discarding liability is unlawful.

Complaints must be supported by factual events with documented support and not based on personal malice or vindictive gossip. A false allegation can result in dismissal or as a legal matter.

Collecting Good Evidence

Good evidence is very important to support a complaint. Without evidence, the relevant authorities may not act. Types of evidence that are important to obtain include:

• Medical Records: Keep every piece of documentation, for example, prescriptions, test results, discharge summaries, referral letters, and receipts for any payments made for services where no charge should have been incurred.
• Written Account: Make a detailed record of the event, including the date, time, location, name of doctor, and a step-by-step guide of what happened.
• Photos and Videos: If safe and legal to do so, take photos or videos of anything related to the complaint, for example, an unclean area of a hospital, defective equipment, or the conditions you are complaining about.
• Witnesses: Obtain names and contact details of any witnesses, such as other patients, relatives, or hospital staff, who may have seen, heard, or know about the incident.
• Correspondence: Retain any correspondence, whether an email or text message, between you and your doctor or hospital related to the complaint activity.

Make as many copies of that evidence as you can, safely keeping the originals, because if the evidence isn't good or is poor, your complaint won't be considered.

Step-by-Step Complaining Process

Using the Internal Grievance System of the Hospital - Most government hospitals have a grievance appraisal and address mechanism. Here are the steps:

• Identify the Grievance Authority: You must identify the Grievance Authority. This can be done by contacting the Medical Superintendent, Chief Medical Officer, or Patient Grievance Cell. Their contact details will usually be on the notice board at the hospital or on their respective website.
• Make Your Complaint: You can make an appointment to go to the hospital and calmly explain what happened in person, and describe what that doctor did and its effect on you or the patient. If you are unable to go to the hospital with the issues, you may put your complaint in writing into their suggestion box or through their Patient Welfare Committee.
• Submit Your Evidence: Compile and provide copies of your evidence and keep your originals. After you have made your complaint, get them to acknowledge that you have put a complaint in writing.
• Clearly Identify What You Want: Be very specific with what you want addressed—an investigation, apology, better treatment, etc.
• Follow Up: Wait seven to 15 days for a response. If the hospital ignores your points or only half responds, you may have to start taking the formal steps.

Make a Complaint with the State Medical Council (SMC)

If you are not satisfied with the response made by the hospital, you can make a formal complaint to the SMC. The SMC regulates doctors and may take disciplinary actions (may discipline a doctor and suspend a license if serious enough). Follow these steps:

• Find Your SMC: Use Google to find your state SMC (e.g., "Karnataka Medical Council" is the SMC for Karnataka) and obtain their web address or contact details.
• Post a Complaint Form: You'll need to download the complaint form from the SMC website, ask for a form to be sent to you by mail, or go and collect it yourself.
• Complete the Complaint Form: Don't forget to include your name, address, phone number, the doctor's details, the hospital name, and a full description of the event. Include details of the damage you believe the doctor has caused you (for example: bodily injury, emotional injury, or economic loss).
• Attach Evidence: Attach copies of medical records, images, witness statements, and any other relevant documents (more attachments are better).
• Lodge Your Complaint: You can lodge your complaint online, by registered mail, or you can bring your complaint in person to the SMC office and ask for a receipt or tracking number.
• Attend Hearings: The SMC may call both you and the doctor for a hearing. The SMC may ask medical experts to provide opinions on whether doctor negligence has taken place.
• Be Honest and Accurate: Complaints that are vague, overstated, or exaggerated are likely to be dismissed.
• Track Your Progress: The process can take months, so tracking your complaint status is important. You can check the current complaint status on the SMC's website or by telephoning the SMC's office.

If the SMC is unresponsive, keeps delaying, or unreasonably dismisses your complaint, escalate your complaint process to the National Medical Commission (NMC):

• Contact the NMC: Refer to the NMC website or send a letter to the NMC office in New Delhi (Pocket-14, Sector-8, Dwarka, New Delhi).
• File a Substantiated Complaint: Explain what happened, tell them about your SMC complaint, and their response. Attach all documents/evidence and a copy of your complaint to the SMC.
• Filing Options: Lodge online via the NMC portal or by snail mail with a tracking request included.
• Await a Review: The NMC may review the SMC decision, investigate your grievance, or advise different routes to resolution. This process is slow but can be useful for grave matters and when local processes fail.

Take the Matter to Consumer Court

If you feel that negligence by the practitioner resulted in damage, financial loss, or emotional distress, feel free to file a case in a Consumer Court:

• Name the Court: For minor issues, file a case with your District Consumer Dispute Redressal Commission; for medium-sized matters, go to the State Consumer Commission; or for big issues, file at the National Consumer Commission.
• Draft Case: In your case writing, describe what the doctor did, with details of what damage occurred (e.g., deterioration of health, increased expenses), along with what you want to happen (e.g., an apology, compensation).
• Attach Evidence: You must include evidence such as medical bills, medical records, and any evidence of the losses you feel (financial, emotional, or physical).
• Legal Representation: A case with fewer values may not need one as it is meant to be user-friendly; however, a lawyer would assist in a more complex case.
• Filing Your Complaint: File the case at the court (or e-file if that service is available in your state), and attend the hearing to present your case, where the doctor/the hospital will also respond.

The Result: If negligent behavior can be proven, the Consumer Court may offer compensation or corrective action, even if your case is against a government hospital (the evidence must be sound).

Report the Matter to the Police for Criminal Acts

In situations where there is clearly a grave, criminal act of negligence that resulted in death, assault, or fraud:

• Go to the Police Station: Go to the nearest police station and ask for a First Information Report (FIR).
• Describe the Details: You must describe all of the relevant information for the police report, including what actions the doctor took, injuries sustained, and evidence like medical records, eyewitness statements, or photographs.
• Investigation: The police may refer the matter to a medical board for criminality determination.
• Escalate: If the police are unwilling to file an FIR, approach Superintendent of Police (SP Office) or a magistrate court to file for one.

Note: This is a last resort for extreme circumstances with good evidence. Criminal cases are very complex and can take time and money.

Report to the State Health Department

For hospital-wide complaints or systemic complaints:

• Contact the Department: Locate the contact information for the Director of Health Services or State Health Minister's office on the state's Health Department webpage.
• File a Complaint: Write a letter or email that details what the doctor did and the role of the hospital in the matter. Include evidence and mention any actions you have undertaken previously (e.g., hospital complaint).
• Filing Complaint: Depending on the state, you may report online, by mail, or in person. Some states have toll-free helplines for complaints regarding health services and care.
• Actions that the Department May Take: The department may inspect the hospital, question the doctor in this matter, or require remedial action such as retraining.

Report on Government Grievance Portals

Online grievance portals provide easier access to senior officials:

CPGRAMS Portal:

Go to pgportal.gov.in. Register an account and file a complaint against the Ministry of Health or the state department. Upload the documents in support of your complaint and track your grievance's progress using the reference number.

Your State Portals: Look to see if your state has its own portals, e.g., Jan Sampark (Delhi) or e-Samadhan (Uttar Pradesh).

Scheme Notices: If the issue has been placed within any scheme, like the Ayushman Bharat scheme, make it known.

When to Seek Legal Help for Complex Cases

If you suffered serious repercussions (disability or death) or if your concerns stalled:

• Engage a Lawyer Knowledgeable in Medical Negligence or Consumer Issues: Find one who has experience handling disputes like yours. Contact your local Bar Association or Law Society for recommendations for low-cost options.
• Investigate Legal Aid: You may find free legal help through one of the various commissions on Legal Services Authority at district courts across the country.
• Be Sure to Include All That You Have and Actions Taken: The more you present to the lawyer, the better your experience with them.
• The Lawyer Will Take Your Case to the Consumer Court or Draft Letters to NMC or Take Action in Civil/Criminal Procedures.
• The Lawyer Will Tell You Whether Your Case Has Merit by Looking at the Evidence and Your Chances of Succeeding.

Patient Rights

Patients in India have legally enforceable rights, which are:

• Right to Safe Care, Timely Provision of Care: Made available without discrimination based on caste, gender, or religion.
• Right to Know Complete Information: A patient will receive information regarding diagnosis, proposed treatment, risks, and costs in a language he or she can understand.
• Right to Privacy: Medical information may not be shared with others without permission.
• Right to Be Treated in an Emergency: Emergency treatment must be provided by hospitals, and they cannot refuse treatment.
• Right to a Second Opinion/Refusal of Treatment: Patients may refuse treatment and seek an alternative opinion before they agree to a treatment intervention.

Any violations of these rights would support an argument for your complaint.

Getting Organized and Staying on Top of Things

Be resolute and maintain an organized file of documentation as the complaint process may take time:

• Document Everything: Track reference numbers, receipts, and notices of correspondence, letters from the courts, hospitals, SMC, or anything you do online.
• Follow Up Regularly: Call or check every 2-3 weeks to determine status or to find out if there is an issue or any documents or steps are required by you.
• Respond in a Timely Manner: If information is requested, then do not let it go; send the requested information as soon as possible, followed up with the courts.
• Keep a File: Keep papers/notes together and organized to avoid confusion.
• Professionalism: Be professional with officials, be polite but take a firm stance. Avoid arguing or getting emotional.
• Escalate When You Must: If the reporting structure fails, reach out to the next level (hospital to SMC to NMC).
• Be Patient: Recognize that the process may take weeks, months, or years, particularly in a complex case.

[ADMIN]

Complete List of State Medical Councils in India with Latest Contact Details

• Andhra Pradesh Medical Council
  Address: D. No. 12-2-784, 2nd Floor, P & T Colony, Opp. Pillar No. 1040, Rethi Bowli, Mehdipatnam, Hyderabad, Telangana - 500028
  Phone: 040-23551924
  Email: [email protected]
  Pin Code: 500028
  
• Arunachal Pradesh Medical Council
  Address: Directorate of Health Services, Naharlagun, Arunachal Pradesh
  Phone: 0360-2245179
  Email: [email protected]
  Pin Code: 791110
  
• Assam Medical Council
  Address: House No. 6, 2nd Floor, Bhuban Road, Uzan Bazar, Guwahati, Assam
  Phone: 0361-2521176
  Email: [email protected]
  Pin Code: 781001
  
• Bihar Medical Council
  Address: Bariatu Road, Near RIMS, Ranchi, Jharkhand
  Phone: 0651-2540387
  Email: [email protected]
  Pin Code: 834009
  
• Chhattisgarh Medical Council
  Address: Near Saraswati Shishu Mandir School, Shankar Nagar, Raipur, Chhattisgarh
  Phone: 0771-2223050
  Email: [email protected]
  Pin Code: 492007
  
• Delhi Medical Council
  Address: 4th Floor, New Municipal Corporation Building, S.P. Mukherjee Civic Centre, New Delhi
  Phone: 011-23230002
  Email: [email protected]
  Pin Code: 110002
  
• Goa Medical Council
  Address: Directorate of Health Services, Campal, Panaji, Goa
  Phone: 0832-2225531
  Email: [email protected]
  Pin Code: 403001
  
• Gujarat Medical Council
  Address: Block No. 1, 1st Floor, Old Sachivalaya, Sector 10-B, Gandhinagar, Gujarat
  Phone: 079-23253238
  Email: [email protected]
  Pin Code: 382010
  
• Haryana Medical Council
  Address: SCO No. 34, Sector 16-A, Chandigarh
  Phone: 0172-2571707
  Email: [email protected]
  Pin Code: 160015
  
• Himachal Pradesh Medical Council
  Address: Block No. 18-B, SDA Complex, Kasumpti, Shimla, Himachal Pradesh
  Phone: 0177-2620787
  Email: [email protected]
  Pin Code: 171009
  
• Jammu & Kashmir Medical Council
  Address: Karan Nagar, Srinagar, Jammu & Kashmir
  Phone: 0194-2478333
  Email: [email protected]
  Pin Code: 190010
  
• Jharkhand Medical Council
  Address: Bariatu Road, Near RIMS, Ranchi, Jharkhand
  Phone: 0651-2540387
  Email: [email protected]
  Pin Code: 834009
  
• Karnataka Medical Council
  Address: No. 70, 2nd Floor, Vittal Mallya Road, Bengaluru, Karnataka
  Phone: 080-22205797
  Email: [email protected]
  Pin Code: 560001
  
• Kerala State Medical Councils
  Address: Combined Council Building, Red Cross Road, Thiruvananthapuram, Kerala
  Phone: 0471-2557227
  Email: [email protected]
  Pin Code: 695035
  
• Madhya Pradesh Medical Council
  Address: E-2/154, Arera Colony, Bhopal, Madhya Pradesh
  Phone: 0755-2467249
  Email: [email protected]
  Pin Code: 462016
  
• Maharashtra Medical Council
  Address: 189-A, Anand Complex, 2nd Floor, Sane Guruji Marg, Arthur Road Naka, Chinchpokli (W), Mumbai, Maharashtra
  Phone: 022-23007650
  Email: [email protected]
  Pin Code: 400011
  
• Manipur Medical Council
  Address: Directorate of Health Services, Lamphelpat, Imphal, Manipur
  Phone: 0385-2410223
  Email: [email protected]
  Pin Code: 795004
  
• Meghalaya Medical Council
  Address: Health Complex, Red Hill Road, Laitumkhrah, Shillong, Meghalaya
  Phone: 0364-2500588
  Email: [email protected]
  Pin Code: 793003
  
• Mizoram Medical Council
  Address: Directorate of Health Services, Dinthar, Aizawl, Mizoram
  Phone: 0389-2320521
  Email: [email protected]
  Pin Code: 796001
  
• Nagaland Medical Council
  Address: Directorate of Health & Family Welfare, Kohima, Nagaland
  Phone: 0370-2270335
  Email: [email protected]
  Pin Code: 797001
  
• Odisha Council of Medical Registration
  Address: Directorate of Health Services, Heads of Department Building, Bhubaneswar, Odisha
  Phone: 0674-2393847
  Email: [email protected]
  Pin Code: 751001
  
• Punjab Medical Council
  Address: SCO No. 34, Sector 16-A, Chandigarh
  Phone: 0172-2571707
  Email: [email protected]
  Pin Code: 160015
  
• Rajasthan Medical Council
  Address: Sardar Patel Marg, C-Scheme, Jaipur, Rajasthan
  Phone: 0141-2225102
  Email: [email protected]
  Pin Code: 302001
  
• Sikkim Medical Council
  Address: STNM Hospital Complex, Gangtok, Sikkim
  Phone: 03592-203104
  Email: [email protected]
  Pin Code: 737101
  
• Tamil Nadu Medical Council
  Address: No. 914, Poonamallee High Road, Arumbakkam, Chennai, Tamil Nadu
  Phone: 044-26265678
  Email: [email protected]
  Pin Code: 600106
  
• Telangana State Medical Council
  Address: P.B. 523, Sultan Bazaar, Near Post Office, Opposite Women's College, Hyderabad, Telangana
  Phone: 040-24650853
  Email: [email protected]
  Pin Code: 500095
  
• Tripura Medical Council
  Address: Directorate of Health Services, Gurkhabasti, Agartala, Tripura
  Phone: 0381-2325235
  Email: [email protected]
  Pin Code: 799006
  
• Uttar Pradesh Medical Council
  Address: 5, Sarvpalli Mall Avenue Road, Lucknow, Uttar Pradesh
  Phone: 9151024461
  Email: [email protected]
  Pin Code: 226001
  
• Uttarakhand Medical Council
  Address: 2nd Floor, PNB Building, Dehradun Road, Rishikesh, Uttarakhand
  Phone: 0135-2434060
  Email: [email protected]
  Pin Code: 249201
  
• West Bengal Medical Council
  Address: IB-193, Sector-III, Salt Lake City, Kolkata, West Bengal
  Phone: 033-23355576
  Email: [email protected]
  Pin Code: 700106