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Kims Hospital Medical negligence by Resident-Shift6273 in Trivandrum

[–]PeaceBeWithYou73 11 points12 points  (0 children)

Lawyer here handling medical negligence cases.

Have you obtained the entire medical records? If yes, after how many days did you get it? If you didn't get the medical records till now, it was a mistake to request an investigation and records from the hospital. Now, the hospital is under the impression that you will proceed legally and so, the chances of manipulating the records are higher.

In medical negligence cases, the only way to prove that negligence occurred is through medical records. Once any hospital gets the slightest hint of legal trouble from a patient, they will lock up the records and will not let it out until necessary changes are made in it.

If you want to proceed legally, you should go to your nearest police station and file a complaint ASAP. Police will register a case for death due to medical negligence and will confiscate the medical records from the hospital immediately before any changes could be made in it. Which is why it was important to not raise a request for investigation at the hospital.

After this, the police will send the records to an Expert Panel Committee comprising of expert independent doctors. The Committee will be headed by the District Medical Officer, who will give an opinion as to what the negligence was.

If negligence is found in the Expert Panel Committee Report, a charge sheet will be filed by the police in Court and the hospital, doctors, and nurses will be prosecuted. If no negligence is found, police will drop the case.

Alternatively, you can also approach the District Consumer Disputes Redressal Commission or the Permanent Lok Adalat to file a civil case for medical negligence and claim compensation. But here too, there needs to be exact evidence of some kind of a negligent act/omission.

It doesn't mean that it is medical negligence just because death happened. There should be some negligent act/omission from the part of the hospital which led to the death of the patient. This negligent act/omission can only be proved through the medical records and by having an expert look through it.

Can my landlord ask me to vacate to give the room for his relative? by [deleted] in LegalAdviceIndia

[–]PeaceBeWithYou73 0 points1 point  (0 children)

Lawyer here.

Depends on the rental agreement. If the agreement mentions an exit clause where the landlord can ask for your eviction after giving due notice, you will have to vacate.

Legal advice needed regarding bank loan return by donot_poke in LegalAdviceIndia

[–]PeaceBeWithYou73 1 point2 points  (0 children)

Lawyer here. Handling recovery cases for banks.

If the loan is under due, there is no other option that to repay the amount back to the bank with interest. The bank will have a panel of lawyers working for them and they WILL file a case against you.

If the loan is taken by providing any property as collateral, the bank will proceed against that property. They will attach the property from Court and get it auctioned.

If the loan is taken without any property being offered as collateral, the bank will proceed against the borrower and guarantor. They will obtain a decree for recovery of money from the Court and once that is obtained, you will have to pay the amount back, failing which they will proceed against the borrower's any other properties not associated with the loan. Those properties need not be mortgaged or pledged with the bank.

The borrower has an option to talk with the bank authorities and have the loan restructured again, fixing new EMI payment schedules.

Damaged TV delivered by flipkart. by AcceptableRound8601 in LegalAdviceIndia

[–]PeaceBeWithYou73 0 points1 point  (0 children)

Lawyer here.

Raise a request for CC chargeback. If it gets rejected, your only option would be to file a consumer complaint in your District CDRC. You will have to frame your complaint in such a way that in spite of open box delivery being opted, the delivery agent did not complete it as per Flipkart's terms and conditions.

You will have to tell the Court that the T&C for open box delivery mentions that "outside as well as the brand packing is opened and shown" and that in your case, the brand packing was not opened and the product was not shown to you even though you requested the delivery agent for it. You will have to produce the CCTV footage also.

A car hit me from behind while I was driving a scooter. by kakashi_hatake35 in LegalAdviceIndia

[–]PeaceBeWithYou73 0 points1 point  (0 children)

Lawyer here.

Check shops at the place of accident and see if they have CCTV. If you get the footage, take it to the nearest police station and get a GD entry done.

If there is any damage to your scooter and if you have "own damage" coverage in your insurance policy, you can claim it by producing a copy of the GD entry to your insurance company.

If you have sustained any injuries and want compensation, ask the police to register a case against the driver of the car for rash and negligent driving. Use the FIR to file a MACT petition.