Can I file medical negligence complaint during SRS?
Can I file a complaint against negligence? Can Trans-Law Cell at CLPR help me do it?
These days many doctors are trying to find patients for experimental surgeries which are for honing their skills or to practice on transgender bodies. Transgender people are negatively impacted by these surgeries. So if you have gone through something like that and it has left you with difficulties and side effects or even severe deformities then what can you do? Sriraksha V Srivastava will explain to us the several remedies we can go for.
Can I take legal action?
Sriraksha says, “Of course you can take legal action.”
(i) You could complain that the case was a case of medical negligence.
(ii) You could also ask for compensation for said medical negligence. This compensation can be asked for under Consumer Protection ACT. So the Consumer Protection ACT also includes Medical practitioners and the negative impact their services have had on you. In this case, you could specify the specific deformity or severe side effect this treatment has left you with.
(iii) You could also complain under the Transgender Persons’ Protection ACT of 2019.
(iv) You could also file a police complaint.
Can Trans Law Cell help with these cases?
CLPR’s Trans Law Cell provides legal services of a lot of kinds. CLPR is ready to help you file a case or represent your case in front of a consumer forum.
What if I signed a consent form for this experimental surgery?
Oftentimes, the people who are performing these experimental surgeries, want you to sign a consent form beforehand to prevent them from the repercussions of something going wrong with you. They highlight all the clauses of this experimentation and pardon themselves in case any mishap happens.
But you can still file a case against them!
Sriraksha points out that a consent form is a disclaimer that says these are the things that you could expect out of this surgery but if they have neglected the medical care they should have shown, not helped you during post-op or just left you after the surgery, you can complain against them.
So even if you have signed a consent form, if you can make a strong case for what has happened to you- you are still entitled to compensation.
You can highlight the mental and physical effects this surgery and the deformity caused has had on your life and you can make a case out of that.
According to the Trans ACT, you cannot be discriminated against no matter what. You get government schemes and you get medical help. So a consent form will not curtail all these rights.
Can Trans Law Cell help me if I am outside Karnataka?
Sriraksha says it absolutely will. It provides legal aid all throughout India.
It will start with an online consultation and understanding of the case. There are many cases that do not need a court case, so all of these would be weighed in and a draft will be prepared to file a case in front of the most appropriate authority.
Additionally, Trans Law Cell will ask a local lawyer to help you file a case and represent your case in court.