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I am mother of physically challenged son aged 47 years, who is also a medical negligence victim and I am fighting his medical negligence case for the past 18 years. This medical negligence case has gone through two round of litigation, from 2005 to 2015 and from 2016 to till date. In first time litigation all the Consumer Fora decided this medical negligence case based on OP’s wrong statement which was on record. Hence based on fresh and continues cause of action and discovery of new facts, along with 4 doctors opinion I filed 2nd time complaint in NCDRC in 2016, but without going through the merits of the case the NCDRC dismissed the complaint saying that the complaint is not maintainable. Then I filed Civil Appeal in Supreme Court of India, but due to Corona the case could not be argued properly on Video Conferencing and hence the Civil Appeal was dismissed. Then Review Petition was filed which was heard in Chamber and dismissed, now I have filed Curative Petition which is pending to be heard by the Supreme Court Hon’ble Judges. Note: In both time litigation no Fora has decided this case by obtaining expert doctors opinion nor constituted Medical Board to investigate the matter. In second time complaint NCDRC did not consider the 4 doctors opinion given by the Complainant and dismissed the case. 1. I want to know in case the Curative Petition is dismissed what legal options I have to appeal. 2. Can I file SLP or Writ Petition in Supreme Court to get justice in this medical negligence case? 3. Can I file 3rd time medical Negligence case in NCDRC based on Fresh and continues cause of action and discovery of new facts? Please guide and advice. Thanking you, Yours truly, Mrs. Kamala Rao.
Question
I am mother of physically challenged son aged 47 years, who is also a medical negligence victim and I am fighting his medical negligence case for the past 18 years. This medical negligence case has gone through two round of litigation, from 2005 to 2015 and from 2016 to till date. In first time litigation all the Consumer Fora decided this medical negligence case based on OP’s wrong statement which was on record. Hence based on fresh and continues cause of action and discovery of new facts, along with 4 doctors opinion I filed 2nd time complaint in NCDRC in 2016, but without going through the merits of the case the NCDRC dismissed the complaint saying that the complaint is not maintainable. Then I filed Civil Appeal in Supreme Court of India, but due to Corona the case could not be argued properly on Video Conferencing and hence the Civil Appeal was dismissed. Then Review Petition was filed which was heard in Chamber and dismissed, now I have filed Curative Petition which is pending to be heard by the Supreme Court Hon’ble Judges. Note: In both time litigation no Fora has decided this case by obtaining expert doctors opinion nor constituted Medical Board to investigate the matter. In second time complaint NCDRC did not consider the 4 doctors opinion given by the Complainant and dismissed the case. 1. I want to know in case the Curative Petition is dismissed what legal options I have to appeal. 2. Can I file SLP or Writ Petition in Supreme Court to get justice in this medical negligence case? 3. Can I file 3rd time medical Negligence case in NCDRC based on Fresh and continues cause of action and discovery of new facts? Please guide and advice. Thanking you, Yours truly, Mrs. Kamala Rao.
Answer ( 1 )
If your Curative Petition is dismissed by the Supreme Court, it typically signifies the end of the judicial process in terms of that particular case. However, since the doctors reports have not been considered in the right perspective, it may be advisable to file a writ petition/ Special Leave Petition stating clearly regarding the earlier litigations undertaken by you. However, the Supreme Court has the discretion to accept or reject such petitions, and it usually considers cases that involve significant legal questions or issues of national importance.