Medical negligence

Steps to take if you or a loved one faces medical malpractice.

General← Back to scenarios

Quick rights

  • Right to receive proper standard of medical care.
  • Right to complete medical records and treatment history.
  • Right to informed consent before any procedure.
  • Right to seek compensation for negligence.

What to do now

  1. Request complete medical records immediately (hospital must provide within 72 hours).
  2. Get a second opinion from another qualified doctor.
  3. Document everything—preserve all bills, prescriptions, reports.
  4. File complaint with hospital's grievance cell first.
  5. If serious, file with State/National Medical Commission or consumer forum.

What NOT to do

  • Don't delay getting medical records—hospitals may delay or alter.
  • Don't settle verbally without proper written documentation.
  • Don't destroy any medication or samples that might be evidence.

What you can say

“I formally request complete medical records as per my legal right.”
“I want to file a grievance regarding the treatment provided.”
“Please provide me the registration details of the treating doctor.”

Emergency helplines

National Emergency
24x7
Call 112
NALSA / Legal Aid
Legal aid / advice referrals (availability varies by state).
Call 15100

Relevant legal provisions

Article 21 — Right to life and personal liberty
Constitution of India