Practice Areas

Medico-Legal

Complaints, Inquiries and Prosecutions that arise from medical treatment, and the compliance work that helps a practice avoid them.

An adverse outcome in treatment can be taken to several places at once. The same facts may be put before a Consumer Commission as a Claim for compensation, before the police or a Magistrate as Criminal Negligence, and before the State Medical Council as Professional Misconduct. Each forum applies a different test and moves at its own pace.

Our Chamber advises and appears in all three, and handles them together. The treatment record, the consent forms and the expert opinion sit at the centre of every such matter, and the first task is always to read them closely.

Scope of Work

Consumer Complaints of Medical Negligence

Claims for compensation under the Consumer Protection Act, 2019, before the District, State and National Commissions.

  • Written Versions and Replies to Complaints
  • Evidence by Affidavit, Medical Literature and Expert Opinion
  • Applications for Reference to a Medical Board
  • Appeals and Revisions Before the State and National Commissions
  • Appeals From the National Commission to the Supreme Court

Criminal Negligence

Complaints and FIRs alleging death or hurt caused by Negligence, now under the Bharatiya Nyaya Sanhita.

  • Representation During Police Inquiry and Before Medical Boards
  • Anticipatory Bail and Protection From Arrest
  • Petitions to Quash FIRs and Summoning Orders
  • Defence at Trial and in Appeal

Medical Council Proceedings

Complaints of Professional Misconduct before State Medical Councils and, on Appeal, the Ethics and Medical Registration Board of the National Medical Commission.

  • Replies to Complaints and Show-Cause Notices
  • Hearings Before Ethics Committees
  • Appeals Against Warning, Suspension or Removal From the Register
  • Writ Petitions Against Council Orders

Statutory Compliance and Inspections

Proceedings under the statutes that regulate clinical practice.

  • PC-PNDT Act Inspections, Sealing, Suspension of Registration and Prosecutions
  • Registration and Licensing of Clinical Establishments
  • Compliance Under the Medical Termination of Pregnancy Act
  • Authorisation Matters Under the Transplantation of Human Organs and Tissues Act

Advice and Documentation

Preventive work for practitioners and hospitals.

  • Consent Forms and Counselling Records
  • Medical Record Keeping and Requests for Records
  • Reporting Obligations in Medico-Legal Cases
  • Replies to Legal Notices and Patient Grievances
  • Complaints of Violence Against Medical Staff and Damage to Property

Who This Concerns

  • Doctors and Other Registered Medical Practitioners
  • Hospitals, Nursing Homes and Clinics
  • Diagnostic and Imaging Centres
  • Trusts and Societies That Run Medical Institutions

The Approach

  • The treatment record is read first, line by line, with the treating doctor.
  • A Reply in one forum is drafted knowing it will be read in the others.
  • Independent expert opinion is sought early where the standard of care is in issue.
  • Matters are handled discreetly; a practitioner’s reputation is part of what is at stake.

Time Limits That Matter

StepTime LimitSource
Consumer ComplaintTwo years from the Cause of Action. Delay may be condoned for sufficient cause.Section 69, Consumer Protection Act, 2019
Written Version in Reply to a Complaint30 days from receipt, extendable by no more than 15 days.Section 38, Consumer Protection Act, 2019
Appeal to the State Commission45 days from the District Commission’s Order.Section 41, Consumer Protection Act, 2019
Appeal to the National Commission30 days from the State Commission’s Order.Section 51, Consumer Protection Act, 2019

Stated generally. Time limits turn on the facts and on the amendments in force; take advice on your own dates.

Frequently Asked Questions

Can the Police Arrest a Doctor on a Complaint of Negligence?

Arrest is not meant to be routine. In Jacob Mathew v. State of Punjab (2005), the Supreme Court directed that a doctor should not be arrested merely because a charge of Negligence has been made, unless Arrest is needed to further the Investigation or the doctor is unlikely to face Prosecution otherwise. The Investigating Officer should first obtain an independent medical opinion, preferably from a doctor in government service.

What Is the Difference Between Civil and Criminal Negligence?

A Consumer Commission asks whether the care fell below the standard of a reasonably competent practitioner in that field, and awards compensation if it did. A Criminal Court requires much more: Negligence that is gross or reckless. An error of judgment or an unsuccessful outcome is not, by itself, Negligence of either kind.

What Punishment Does the New Criminal Code Prescribe?

Section 106(1) of the Bharatiya Nyaya Sanhita, which replaced Section 304A of the Indian Penal Code, punishes causing death by a negligent act with imprisonment of up to five years and fine. Where the act is done by a Registered Medical Practitioner while performing a medical procedure, the maximum is two years and fine.

Are Doctors Covered by the Consumer Protection Act?

Yes. Since Indian Medical Association v. V.P. Shantha (1995), medical services rendered for payment are a “service” under Consumer Law, and that remains the position under the 2019 Act. Treatment that a hospital provides free of charge to every patient falls outside it.

Which Consumer Commission Hears a Complaint?

It depends on the value of the consideration paid for the treatment, not on the compensation claimed. A Complaint starts before the District Commission at the lowest tier, and before the State or National Commission as that value rises. It may be filed where the Complainant lives or works, as well as where the doctor or hospital is located.

General information as of October 2026, not legal advice. Take advice on your own facts and dates.

To discuss a matter in this area, write to our Chamber with a brief outline.

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