Medical Negligence case in Consumer Court - OPs have not provided some documents in their response and mentioned incorrect facts, how to approach?

Question

► I have filed a medical negligence case in consumer court in Maharashtra against a hospital. My complaint was accepted and the OPs filed their response to the complaint. As part of that, they submitted an affidavit, and a number of medical and consent records. However, they have missed to provide a few important documents (one of which they are referring in their response) and one important government resolution for hospitals. So a few questions about this situation - How should I request those missing documents? Is there any specific format? Does it need to be a separate request or should be part of my evidence filing affidavit? The next stage is for me to submit evidence, so can I say that I cannot submit evidence till these documents are submitted by the OPs? Or file my evidence just the same but highlight these missing documents? In their written statement and affidavit, they have mentioned some incorrect statements, do I need to refute every incorrect statement in their response in my evidence filing? Apologies if these are basic questions but I have filed by myself and there isn't enough clarity about the process. This being a medical negligence case, our lawyer was not able to handle it properly and abandoned it mid-way. We had to file ourselves to avoid going over the two years deadline.

Answer 1

In your evidence you are required to narrate your case only.

Answer 2

Dear Sir,

If the Commission has already fixed a date for filing your evidence and you don’t want to delay, you can proceed with your evidence affidavit but include a paragraph such as:

“The Complainant submits that certain documents referred to by the Opposite Parties in their Written Version and Affidavit (e.g. consent form dated ___, internal hospital records, etc.) have not been filed. The Complainant reserves the right to file additional evidence after such documents are produced, and requests that the Hon’ble Commission direct the Opposite Parties to produce them for fair adjudication.”

This ensures you protect your right to rely on those missing records later.

Answer 3

Dear Sir, as per your query,

You are required to contact our OLQ Team for a detailed discussion as we need to check your complaint, the written statement filed by the OP, allegations and counter allegations to advise you properly.

For further details and clarifications, feel free to contact our OLQ Team.

Answer 4

Hello,

Consumer cases are a very methodical paper wise process.

They can allege false statements and they can also chose not to produce particular documents with their WS.

You should file your evidence as per your complaint.

As against the false accusations, you will have your right to cross examine and adduce them on such false statements.

With regards to their non disclosure of evidence in WS and verbal statements, they still have time to file thier evidence. However, for the same you will have your right to cross examine and ask questions in your questionnaire for example

“You have mentioned …. in paragraph …. of your WS, however, you have not filed any documents with your WS to that effect. Is this correct?”

It is questions like these which will be asked by your advocate to make out a case in your favour. For further consultation feel free to connect with me through OLQ.

Medical Negligence case in Consumer Court - OPs have not provided some documents in their response and mentioned incorrect facts, how to approach?

4 Answers