Provision as to willful negligence by Nursing Home/Clinical Establishment

(1) If there is any willful negligence in the treatment of a patient, the Nursing Home or clinical establishment shall be liable to pay compensation to the patient or his legal representative. (2) If a patient dies due to the willful negligence of the Nursing Home or clinical establishment, the person responsible shall be liable for such action as per law. (A) If any act or 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 willful 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 along 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). (1) If a nursing home or a clinical establishment does not fulfill the eligibility norms as prescribed in this Act or rules made there under, it shall be punishable with a fine of Rs. 20,000. (2) If a nursing home or a clinical establishment fails to submit records or information which are lawfully required to be submitted under this Act or rules made there under, it shall be punishable with a fine of Rs. 5000, for each offence. (3) If a nursing home or a clinical establishment commits an offence under section 12 (A), shall be punishable with prescribed fine only for the first offence. Provided further that, if a nursing home or a clinical establishment is convicted of an offence under section 12 (A) for the second time, it shall be liable for the imprisonment up to three years, or with fine of Rs. 50,000, or with both.