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Can I sue a hospital for losing my records?

Q: If my hospital has lost my x-ray or scans and if I had nosocomial infection, can I sue the hospital?

A:Nothing prevents anybody from suing anyone. However, one should sue keeping in mind the type of litigation, the relief prayed and the chance of succeeding. Litigation can be criminal or civil. Losing something is not a crime, hence you have to sue in a civil court, if at all. If you file a case in an ordinary civil court, you have to claim monetary compensation as a relief. For that, you have to pay court fees, depending upon the amount claimed. If you file a case in consumer court, relief will be payable only when you prove that you have suffered because of the loss of records. It may be difficult to prove so. Summary - It may be not worth it to think of suing. By the way, if you had lost the records rather than the hospital, whom would you have sued? Or, supposing you are being treated in a hospital and the hospital fixes a gadget on your body for 24 hours [say, a 24 hour ECG recording device], and you lose it. Will the hospital sue you?


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