FAQ

Consultations

How this practice works

Short answers before you call. None of this is advice on a specific dispute.

Who will I be speaking to?

Dr. S.M. Kantikar, Former Member of the National Consumer Disputes Redressal Commission. He is a pathologist and holds a Doctorate in Law from NLSIU, Bangalore (MBBS, MD Pathology, LLB, PhD Law).

Who else is in the team at Kantikar MediLaw?

The team comprises medical experts, senior counsel, and advocates at different locations. Dr. Kantikar is supported by academic faculty members from reputed medical and law institutes. He also draws on his association with leading senior consultants across super-specialties in India, including forensic experts.

What kind of matters do you take on?

Medical negligence and various consumer disputes related to deficiency in services. Defending cases before consumer commissions and regulatory bodies such as State Medical Councils and the National Medical Commission (NMC). Appeals against NCDRC orders before the High Court and the Supreme Court. Other legal matters relating to POCSO, PCPNDT, unfair trade practices, misleading advertisements, health-insurance repudiation, and clinical-establishment questions.

Do you act for patients, or for doctors and hospitals?

Dr. Kantikar advises both: patients and families who believe they have been harmed, and the doctors and hospitals facing a complaint or a claim. The same bench experience applies on either side, what the records show and where the standard of care sits.

Where can I consult?

Offices in Delhi, Mumbai, Bangalore, and Shivamogga, with consultations available across India in person or virtual mode (online), by prior appointment. Call or WhatsApp to confirm the city and time. The Delhi office is at A-1/304, 2nd Floor, Safdarjung Enclave.

Is the first conversation free?

A short call to see whether the matter is in this field is usual. A full consultation, written opinion, or appearance is charged. Fees are discussed before work starts.

What should I bring?

A one- or two-page chronology, hospital records, investigation reports, discharge summary, bills, insurance papers if any, and copies of any notice already sent. Do not send original files or full medical records on WhatsApp until you are asked to use a private channel.

How do I know if there is a case?

A poor outcome is not enough. There has to be a duty, a breach of the standard of a reasonably competent practitioner, and a causal link to the injury. The complaint also has to be in the right Commission, in time. That is what the first meeting is for, whether you are bringing a matter or answering one. See also the Cases and Blog pages.

How long does a consumer medical case take?

District, State, and National Commissions move at different speeds. Appeals and revisions add years, and missing records add months. Anyone who promises a date before reading the file is guessing.

What is the process for filing or defending a complaint?

The complaint is filed in the appropriate commission based on the consideration paid and the location. The opposite party files a written statement within 30 days. Both sides exchange affidavits and evidence. The commission may, where needed, appoint a medical expert committee, though this is not a mandatory requirement. The process typically takes two to five years at the district level. See the guide on filing and defending a complaint.

What is the time limit for filing a complaint?

A consumer complaint must be filed within two years from the date the cause of action arises (Section 69, Consumer Protection Act, 2019). In most medical cases, this means two years from the date of the negligent act. The commission may condone delay in certain circumstances. See the guide on limitation periods.

How much compensation can I get?

There is no fixed amount. The commission assesses compensation based on the severity of harm, whether it is permanent, the patient’s age, loss of earning capacity, and the cost of corrective treatment. General damages cover pain and suffering; special damages cover quantifiable financial losses supported by bills and documents. See the guide on compensation and damages.

Can I file a complaint against a doctor who has died?

Yes. The Supreme Court has held that medical negligence claims survive the death of the doctor. The cause of action does not abate. The complaint is filed against the legal representatives or estate of the deceased doctor.

Can I contact Dr. Kantikar directly?

Yes. Call +91 93805 50833, email contact@kantikarmedilaw.com, or WhatsApp.

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