A Navi Mumbai man alleges medical negligence, claiming he lost his vision after a doctor operated despite high sugar levels. FIR filed highlights gaps in medical negligence laws in India.
Thank you for reading this post, don't forget to subscribe!
MUMBAI: Medical negligence cases in India often leave patients and their families facing health complications, and navigating a complex legal landscape. The recent FIR filed in Navi Mumbai against ophthalmologists Dr. D V Pandit and Dr. Chandan Pandit, a father-son duo, has brought the spotlight back on patient rights, professional accountability, and legal remedies in cases of alleged malpractice.
ALSO READ: Medical Negligence Requires Proof of Lack of Skill or Reasonable Care, Says Supreme Court
Background of the Case
According to Gupta’s police complaint, his ordeal began in December 2024 when he visited the hospital for eye pain, where Dr. Chandan allegedly charged Rs 75,000 for surgery on his right eye but refused to provide the medical papers afterward. When his vision worsened, Gupta was advised to undergo a second surgery on his left eye, and the hospital allegedly kept calling him to schedule it.
In February 2025, before this second procedure, Dr. Chandan referred him for a blood sugar test and charged Rs 30,000, but the surgery was carried out before the test results arrived, despite high sugar levels being a known surgical risk. Gupta further alleged that during the operation, the doctor demanded an additional Rs 10,000 from his daughter, citing the presence of a boil near the eye.
After the surgery, Gupta suffered severe pain and complete loss of vision in his left eye, and was charged another Rs 30,000 during a follow-up.
READ MORE: Delhi Consumer Court Upholds Rs 3.5 Lakh Penalty on Dr Lal Pathlabs for Wrong Report
A lab test later confirmed a viral infection. He also discovered that while Dr. Chandan performed the surgeries, all medical documents were issued on his father’s letterhead, and he later learnt that neither of the Pandits was registered with the Maharashtra Medical Council.
Medical Negligence Under Indian Law
What is Medical Negligence?:
Medical negligence refers to a situation where a medical practitioner fails to perform their duty with due care and attention, resulting in harm to the patient. It arises when there is a breach of the duty of care that the practitioner is obligated to provide, leading to consequences such as financial loss, mental agony, trauma, or even loss of life for the patient.
Essentials of Medical Negligence:
The essentials of medical negligence require that the professional must have a legal duty to take due care towards the patient, which is expected under the circumstances.
This legal duty must be breached through an act or omission that falls below the accepted standard of medical practice.
There must be an actual injury or harm suffered by the patient, and importantly, this injury must have a direct and proximate connection to the breach of duty, without which negligence cannot be established.
In India, medical negligence can attract both civil and criminal liability, depending on the facts and the severity of harm caused. The law recognises that doctors owe patients a duty of care, and any breach of this duty resulting in injury can lead to legal consequences.
Under the Indian Penal Code (IPC), Section 304A deals with death caused by negligence, while Sections 337 and 338 address causing hurt or grievous hurt by acts endangering life.
The Consumer Protection Act, 2019, treats patients as consumers, enabling them to file complaints before consumer courts for compensation in cases of negligence.
The Clinical Establishments Act, 2010, governs the registration and functioning of medical institutions to ensure compliance with standards, and the Medical Council of India Regulations (now under the National Medical Commission) lay down ethical guidelines for medical professionals, where violations can result in suspension or cancellation of their licence.
Medical Negligence Under BNS:
Under the Bharatiya Nyaya Sanhita (BNS), medical negligence is now addressed under Section 106, replacing the earlier Section 304A of the IPC. The new law increases the punishment for causing death by rash or negligent acts to up to 5 years’ imprisonment and a fine. For registered medical practitioners, a separate provision prescribes a lesser punishment of up to 2 years’ imprisonment and a fine when the act occurs during a medical procedure.
A “registered medical practitioner” is defined as one holding qualifications recognized under the National Medical Commission Act, 2019, and registered in the National or State Medical Register.
