Overview A patient who believes a doctor in India has acted negligently, unethically, or unprofessionally can seek redress through more than one forum. The choice depends on whether the patient wants professional discipline, monetary compensation, criminal prosecution, or quicker grievance resolution. Professional Misconduct Complaint Write a detailed complaint to the State Medical Council (SMC) where the doctor is registered or where the incident occurred. Attach copies of prescriptions, investigation reports, discharge summaries, bills, and any expert opinions. The SMC can: – inquire into negligence or ethical breach under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 (still in force) – suspend or cancel the doctor’s registration, issue a warning, or impose conditions on practice. An adverse SMC order is appealable to the Ethics and Medical Registration Board of the National Medical Commission (NMC) in New Delhi, and further to the NMC and then the High Court. Consumer Complaint for Compensation Medical services fall under “service” in the Consumer Protection Act, 2019. File a complaint in the District Consumer Disputes Redressal Commission of the district where the treatment occurred or where the complainant resides. No court-fee; only a nominal filing fee linked to the compensation amount claimed. Engage a medical expert’s affidavit to show deficiency of service; attach all treatment records. Adverse orders can be appealed to the State Commission and National Commission. Civil Suit for Damages A patient may instead file a civil suit for tortious negligence in the civil court having pecuniary jurisdiction. This route usually takes longer and court-fees are ad-valorem on the compensation claimed but allows fuller discovery and cross-examination. Criminal Complaint If negligence is gross and led to death or grievous hurt, lodge an FIR under sections 304-A, 337 or 338 IPC at the police station, or file a direct criminal complaint before the Judicial Magistrate. Police will obtain expert medical opinion (per Supreme Court guidelines in Jacob Mathew v. State of Punjab, 2005). Conviction can lead to imprisonment and fine, but not compensation; compensation must be claimed separately. Hospital or Institutional Grievance Cell Most private hospitals and all government hospitals have grievance redressal cells; complaining here can secure quick corrective action such as refund, apology, or free corrective treatment. National and State Human Rights Commissions For gross rights violations in public hospitals (e.g., denial of emergency treatment), approach the NHRC or the relevant State Human Rights Commission. They can recommend disciplinary or compensatory measures against public authorities. Online Portals – Central Government Health Scheme (CGHS) and Ayushman Bharat have help-lines and portals. – Some states run tele-complaint portals linked to their health departments. Upload scanned documents; acknowledgments are generated instantly. Steps to Strengthen Any Complaint – Obtain complete medical records within seventy-two hours of asking; hospitals are bound to supply them under NMC Regulations 1.3.2. – Preserve all bills, payment receipts, and discharge summaries. – Seek a second opinion to establish deviation from standard care. – Maintain a timeline of events and names of all treating personnel. – File the complaint promptly; limitation for consumer cases is two years from cause of action (extendable on sufficient cause). Practical Tip Often, starting with a written notice to the doctor or hospital leads to an amicable settlement or corrective treatment, saving time and cost. If that fails, choose the forum that matches your primary goal: discipline (SMC/NMC), compensation (Consumer Commission or civil suit), or punishment (criminal complaint).

Dear Client, In India a patient can file a complaint against a physician for medical malpractice unethical behavior or failure to provide care through a number of institutional and legal avenues.The following steps make up the procedure: The Medical Council's complaint: The State Medical Council or the Medical Council of India—which the National Medical Commission or NMC has replaced—are the venues for submission.The complaint must mention details of the treatment, alleged negligence or misconduct, and documents supporting the same like medical records and bills. On a finding of guilt, the doctor could face disciplinary action in the form of suspension or revocation of their license. Consumer Forum Complaint Under the Consumer Protection Act, 2019, a patient can move the District, State, or National Consumer Disputes Redressal Commission, based on the amount of claim. Medical care comes under this Act if done for a fee. Deficiency in service has to be established and compensation claimed for harm such as injury, suffering, or loss. Criminal Complaint: If the negligence is gross and it causes death or grievous hurt, a complaint may be filed in the local police station under Section 304A of the IPC (death caused by negligence).The magistrate can initiate proceedings on police inquiry. Civil Suit for Damages: The patient may also bring a civil action in a court of law seeking monetary compensation for injury or loss caused by the negligent action of the doctor.It is advisable that one gets all the required medical records, expert opinions, and evidence before lodging a complaint since these will be used to prove negligence or misconduct. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.