Asked by a reader in Bengaluru

Where do I file a medical negligence claim, and what compensation can I expect?

Answered by Advocate Sharan Jain··Medical Negligence

Short answer

The consumer commission is the usual forum, because medical treatment for a fee is a service. The forum is chosen by the value of the claim. Compensation is computed on loss of income, medical expenses, and pain and suffering, and there is no fixed scale.

There are three separate tracks and they do different things. Choosing the right one, or running more than one deliberately, matters.

The three routes

  • Consumer commission. Medical services rendered for consideration are a "service" under the Consumer Protection Act, following Indian Medical Association v. V.P. Shantha (1995). This is where compensation comes from, and it is the main route. Free treatment at a government hospital falls outside, though other remedies exist.
  • State Medical Council. For professional misconduct. It can warn, suspend or remove a doctor from the register. It does not award compensation.
  • Criminal complaint. Now under Section 106 of the Bharatiya Nyaya Sanhita for causing death by negligence, which contains a distinct and lower punishment for a registered medical practitioner acting in the course of medical treatment. Following Jacob Mathew, the negligence must be gross, and a credible independent medical opinion is required before proceeding.

Which commission

Decided by the value of the claim: District Commission up to Rs 50 lakh, State Commission from Rs 50 lakh to Rs 2 crore, National Commission above Rs 2 crore. Limitation is two years from the cause of action. Filing is possible on e-Daakhil.

How compensation is computed

There is no statutory scale. In Balram Prasad v. Kunal Saha (2014) the Supreme Court awarded the largest medical negligence compensation in India and set out the approach: actual and future medical expenses, loss of income assessed on the multiplier method where earning capacity is lost, cost of care and attendant, and a sum for pain, suffering and loss of amenities. Courts have also declined to apply a rigid cap where the loss is proved.

What decides the quantum
Documented income and documented expenditure. A claim supported by tax returns, salary certificates, and every hospital bill and pharmacy receipt is valued far higher than an identical injury pleaded without them. Start the file on day one, and keep originals.

Practical sequence

  1. Secure the complete medical records immediately.
  2. Obtain an expert opinion from a specialist in the same field.
  3. Send a legal notice, which sometimes produces a settlement.
  4. File before the appropriate commission, joining the treating doctor and the hospital, and where relevant the manufacturer of any device.

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Go deeper on this

This answer is the short version. These guides cover the same ground in full, with the procedure, the timelines and the leading cases.

SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at July 30, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

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People also asked

Medical Negligence

The treatment went wrong. Does that mean it was medical negligence?

No. A bad outcome is not negligence. You must show a duty of care, a breach of the standard of a reasonably competent practitioner in that field, and that the breach caused the harm. Jacob Mathew v. State of Punjab (2005) sets the standard in India.

Medical Negligence

The hospital is refusing to give me my medical records. Can they do that?

No. Professional conduct regulations require a doctor or hospital to supply medical records to the patient or an authorised attendant on request, within a defined period. Refusal is professional misconduct and can be taken to the State Medical Council and the consumer commission.

Consumer Protection

Where and how do I file a consumer complaint, and what does it cost?

Under the Consumer Protection Act, 2019, you file by the value of the consideration paid: up to Rs 50 lakh before the District Commission, Rs 50 lakh to Rs 2 crore before the State Commission, above that the National Commission. Limitation is two years, and filing is possible online on e-Daakhil.

Motor Accident Claims

I was injured in a road accident. How do I claim compensation?

File a claim petition before the Motor Accident Claims Tribunal where you live, where the accident happened, or where the respondent resides. There is no limitation period for a claim under Section 166, and compensation is computed on income, age and disability using the multiplier method.

Consumer Protection

My flight was cancelled and the airline is only offering a credit voucher. What am I entitled to?

A refund, not a voucher, if you choose it. DGCA's Civil Aviation Requirements give passengers rights to a full refund on cancellation, compensation for denied boarding, and meals and accommodation for long delays. Escalate on AirSewa and then to the consumer commission.

Consumer Protection

The hospital has inflated the bill and will not release the patient. Is that legal?

Medical services are services under the Consumer Protection Act, so billing disputes and deficiency can be taken to the consumer commission. Detaining a patient or a body to compel payment is unlawful and can be challenged immediately, including by writ petition.

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