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State of Chattisgarh - Section

Section 13 in Chhattisgarh State Upacharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Adhiniyam, 2010

13. Provision as to wilful negligence by Nursing Home/Clinical Establishment.

- (A) If any act of willful negligence is committed by any Nursing Home/Clinical Establishment it shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years, and shall also be liable to fine which shall not be less than Ten Thousand rupees but which may extend to Fifty Thousand rupees.
(B)A person aggrieved by the Act of wilful negligence by Nursing Home/Clinical Establishment with respect to the treatment/admission of a patient may make a complaint to the appellate authority/committee constituted under section 7 (1) of the Chhattisgarh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2010 (No. 11 of 2010) in the manner as may be prescribed.
(C)The Appellate Authority/Committee on receipt of such a complaint shall proceed to examine it and after giving both the parties, a reasonable opportunity of being heard, shall submit its findings also with recommendations to the Director of Health Services, Government of Chhattisgarh.
(D)The Director of Health Services on receipt of such a report from the Appellate Authority shall examine it and if he is satisfied that an act of willful negligence has been established against the Nursing Home/Clinical Establishment, shall proceed to initiate legal action against Nursing Home/Clinical Establishment as prescribed under Section 13 (A).