Wrong Treatment at a PMJAY Hospital — Your Rights
Medical negligence can happen at any hospital — government or private, PMJAY or non-PMJAY. If you or a family member received wrong or negligent treatment at a PMJAY empanelled hospital, you have clear rights and multiple avenues for redressal.
Types of Medical Negligence
Wrong diagnosis leading to incorrect treatment, surgical errors (wrong site surgery, retained instruments, nerve damage), medication errors (wrong drug, wrong dose), delayed treatment causing preventable complications, infection acquired during hospitalisation due to poor hygiene, and performing unnecessary procedures to inflate PM-JAY claims.
Immediate Steps
Step 1 — Document everything: Collect all medical records — discharge summary, prescription sheets, diagnostic reports, operation notes. Ask for copies before leaving the hospital — it is your legal right.
Step 2 — Get a second opinion: Visit another doctor or hospital to assess the damage and get an independent medical opinion. This opinion becomes crucial evidence.
Step 3 — File complaint with PM-JAY: Call 14555 and report the incident. PM-JAY tracks treatment outcomes and takes action against hospitals with repeated complaints.
Legal Options
Consumer Forum: Medical services fall under the Consumer Protection Act 2019. You can file a complaint with the District Consumer Disputes Redressal Commission for claims up to ₹1 crore. No lawyer is needed — you can file yourself.
State Medical Council: File a complaint against the treating doctor with the State Medical Council. If found guilty of negligence, the doctor can face suspension or cancellation of their medical licence.
Criminal Complaint: In cases of gross negligence causing serious harm or death, an FIR can be filed under Section 304A IPC (causing death by negligence) or relevant BNS sections.
PM-JAY Specific Remedies
The National Health Authority can de-empanel the hospital, blacklist it from future empanelment, impose monetary penalties, and require the hospital to compensate the patient. Hospitals with patterns of unnecessary procedures or poor outcomes are identified through PM-JAY’s data analytics and flagged for audit.
Prevention tip: For major surgeries like heart surgery, brain surgery, or joint replacement, always get a second opinion at another empanelled hospital before proceeding. Use PMJAYHospitals.com to find alternative hospitals.
Disclaimer: PMJAYHospitals.com is an independent directory. This article is for informational purposes and does not constitute legal advice. Consult a lawyer for specific legal guidance. For PM-JAY information, visit pmjay.gov.in or call 14555.