Medical Oncologist
CION Cancer Clinics
Who is responsible if something goes wrong? | CION Cancer Clinics
A known complication that was explained beforehand, spotted early and treated properly is a risk of surgery, not anyone's fault. A mistake, where care fell below what a careful surgeon or hospital would have done, is the hospital's and the treating team's responsibility. Telling the two apart needs the records and often an outside opinion. This page explains what you are owed, how to ask, and where a concern can go in India. CION Cancer Clinics’ surgical oncologists in Hyderabad can talk this through with you.
MI
Medically reviewed by Dr. Mohammed ImaduddinConsultant Surgical Oncologist · MBBS, MS (General Surgery), MCh (Surgical Oncology) · last reviewed September 2026, next review due September 2027
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On this page
- Who is responsible when something goes wrong after cancer surgery?
- Who can you actually raise this with in India?
- What should you do if you think something went wrong?
- Terms that come up, in plain language
- Four things families tell us, and what is actually true
- What this page cannot tell you
- Common questions about responsibility after surgery
The short answer
Who is responsible when something goes wrong after cancer surgery?
It depends on what went wrong. A known complication that was explained to you before the operation, recognised early and treated properly is a risk of surgery, not a fault. A mistake is different: care that fell below what a careful surgeon or hospital would have done. The first is nobody's fault. The second is the hospital's and the treating team's responsibility, and you are entitled to ask about it.
A complication is not the same as an error
Every operation carries risks that happen even when everything is done right. A join in the bowel can leak, a wound can get infected, a clot can form. What turns a complication into a question of responsibility is how it was handled: whether the warning signs were noticed, whether the right thing was done quickly, and whether you were told the truth about it.
What the consent form does and does not do
Signing consent means you were told the main risks and agreed to go ahead knowing them. It does not sign away your right to proper care, and it does not cover a risk you were never told about or a mistake that has nothing to do with the listed risks.
This page is general information about how responsibility works in India. It is not legal advice, and it cannot tell you whether your own case involves fault.Where you can go
Who can you actually raise this with in India?
There is an order to these. Most concerns are resolved at the first step.
The treating team
Ask for a sit-down meeting with the operating surgeon, not a corridor conversation. Ask what happened, why, what is being done and what it means for the cancer treatment.
The hospital's grievance cell
Every hospital is expected to have a patient grievance or patient-relations officer. A written complaint here starts a record and usually gets a written reply. Keep a copy of everything you send.
Ask for
- A written acknowledgement
- The name of the person handling it
- A date by which you will hear back
The state medical council
The Telangana State Medical Council looks at whether a doctor's conduct fell below professional standards. It can warn or suspend a doctor. It does not award money.
The consumer commission
Medical treatment paid for is a service under consumer law, and a district consumer commission can hear a claim for compensation. You will need the full records and usually an independent medical opinion. There are time limits, so do not sit on it.
A lawyer who handles medical cases can tell you whether a claim is realistic before you file.Not sure whether this applies to you?
Ask an oncologistIn order
What should you do if you think something went wrong?
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Look after the patient first
If the person is still unwell, the priority is getting them treated, even if that means staying with the same team. Questions about fault can wait a few days.
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Write down what you remember, today
Dates, times, who said what, and who you spoke to. Memory blurs quickly. Dated photos of the wound or the drain bag are useful.
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Ask for the complete records
Operation notes, anaesthetic chart, ICU charts, nursing notes, drug charts, scan reports and the discharge summary. You have a right to copies of your own records. Ask in writing and keep the request.
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Ask for a meeting, and listen
Go in wanting an explanation, not a confession. Many families come out of this meeting understanding that it was a recognised complication handled well. Some do not.
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Get an independent opinion
Show the records to a surgeon at another centre and ask one question: was the care reasonable? That answer is what every formal route will ask for.
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Decide on a formal route, if any
Grievance cell, medical council or consumer commission, in that order of effort. Some families choose none of them once they have an honest explanation.
The words you will meet
Terms that come up, in plain language
- Adverse event
- Any harm that happened during care. It includes both known complications and mistakes, so the word on its own does not tell you which it was.
- Negligence
- Care that fell below what a reasonably careful doctor or hospital would have provided in the same situation, and which caused harm. A bad outcome alone is not negligence.
- Informed consent
- Agreement to an operation given after being told what it involves, the main risks, and the alternatives. Consent given without that information is not informed.
- Indemnity
- Insurance that doctors and hospitals carry to pay compensation if they are found at fault. It is why a claim is usually against the hospital rather than a doctor personally.
- Discharge summary
- The document you are given on leaving. It is a summary, not the full record, and it is often the first place a family notices that something was not mentioned.
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Commonly believed
Four things families tell us, and what is actually true
"A bad outcome means somebody made a mistake."
Not always. Serious complications happen after operations that were done correctly, and some patients die despite good care. The question is not whether it went wrong but whether the care was reasonable. The records and an outside opinion answer that.
"We signed the consent form, so we cannot complain."
Consent covers the risks you were told about. It does not cover carelessness, a risk that was never explained, or harm from something unrelated to the operation. You can still ask, still get the records and still complain.
"If we complain, they will treat him worse."
A concern raised calmly and in writing is normal in any hospital. If you feel the care has cooled after you spoke up, that itself is worth putting in writing, and you can ask to move the patient to another consultant or another centre.
"The hospital will never hand over the records."
You are entitled to copies of your own records, and hospitals are expected to provide them within a reasonable time. Ask in writing, name the documents you want, and keep a copy of the request.
Being straight with you
What this page cannot tell you
It cannot tell you whether your relative's complication was anyone's fault. Only the records, read by someone who does this operation, can say whether the care was reasonable. It cannot tell you whether a claim would succeed, and it is not a substitute for a lawyer.
What a fair hospital owes you
An honest account of what happened, in words you understand. Your records when you ask for them. Someone senior to talk to, not only the junior doctor on the ward. A plan for the patient that does not depend on whether you have complained.
How CION handles a concern
Ask for a meeting with the operating surgeon and the centre head. We would rather hear a worry directly, early, than read about it later. You can also put it in writing to the helpline and ask for a written reply. It will be heard by the people who were there.
Do not stop or change any treatment for the cancer while a complaint is being looked at. The two things are separate, and the cancer does not wait.Questions we are asked
Common questions about responsibility after surgery
Is the surgeon or the hospital responsible?
Usually both, in different ways. The surgeon is responsible for the decision to operate, the operation and the follow-up. The hospital is responsible for the nurses, the ICU, the equipment, the medicines and the systems that should catch a problem. A formal complaint is normally made against the hospital.
The complication was on the consent form. Does that end it?
It answers one question, whether you were warned. It does not answer the other, whether the complication was spotted and treated properly once it happened. A leak or a clot that was on the form but was missed for days is still worth asking about.
Can we take the records to another hospital?
Yes. They are your records. Taking them for a second opinion is normal and you do not need the first hospital's permission. Check that the operation notes and anaesthetic chart are included, not only the discharge summary.
Will the hospital pay for the extra treatment the complication needed?
Ask. Some hospitals waive or reduce charges for a return to theatre or a longer stay caused by a complication, whether or not anyone was at fault. Ask the billing office and the grievance cell in writing. If you have insurance or a scheme, tell them too.
Should we go to the police?
Criminal cases against doctors need proof of gross carelessness, not an ordinary complication, and courts have set that bar high. For almost every family the medical council and the consumer commission are the routes that fit. A lawyer who handles medical cases can tell you if yours is different.
How long do we have to make a complaint?
There are time limits for a consumer claim and they run from when the harm became known, so do not wait for the hospital's internal process to finish before finding out what they are. A lawyer can tell you the exact limit for your situation.
Does complaining mean we have to leave CION or the hospital?
No. You can raise a concern and continue treatment. If trust has broken down you can ask for a different consultant within the same centre or take the records elsewhere. What you should not do is stop cancer treatment while the question of responsibility is being looked at.
What if the patient has died?
The family can still ask for the records and a meeting, and can still complain to the medical council or the consumer commission. Ask for the death summary and, if a post-mortem was done, its report. Take your time.
Meet the Specialists
17+ senior cancer specialists. One panel for your case.
Trained at AIIMS, Tata Memorial, and leading international centres. Combined 150+ years of experience. Every complex case is reviewed by 3+ of them — together.
Medical Oncologist
Dr. C. Raghavendra Reddy
MBBS(Gold Medal), DNB(General Medicine), DM(Medical Oncology)(Gold Medal)
Medical Oncologist
Dr. Bharati Devi Gorantla
MBBS, MD(General Medicine), DM(Medical Oncology)(Adyar,Chennai), ECMO, MRCP SCE(UK)
Medical Oncologist
Dr. Owais Mohammed
MBBS, MD (General Medicine), DrNB (Medical Oncology), ECMO, MRCP SCE (Medical Oncology) (UK)
Medical Oncologist
Medical Oncologist
Surgical Oncologist
Dr. Muralidhar Muddusetty
MBBS (AIIMS), MS (Surgery) (AIIMS), DNB (Surgical Oncology), MRCS (Edinburgh)
Surgical Oncologist
Surgical Oncologist
Surgical Oncologist
Dr. Vinay Mamidala
MBBS, MS(General Surgery), M.Ch(Surgical Oncology), FMAS, FARIS(Ongoing)
Surgical Oncologist
Radiation Oncologist
Radiation Oncologist
Radiation Oncologist
Hematologist
Surgical Oncologist
Dr. Vajja Sandeep Kumar
MBBS, MS (General Surgery), DrNB (Surgical Oncology), FALS Oncology
Surgical Oncologist
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Sources
- NHS — Consent to treatment
- Macmillan Cancer Support — Surgery
- National Cancer Institute — Surgery to Treat Cancer
- Cancer Research UK — Surgery for cancer
This page is general information, not a prescription. Do not change or stop any treatment based on what you read here. If anything is worrying you, contact your own treating team — or call our helpline and we will help you reach the right specialist.
Keep reading
Related pages
Complications of Cancer Surgery and How Common They AreWhich problems are expected risks of an operationGoing Back to Theatre: Why a Second Operation HappensWhen a return to theatre is the right response to a complicationDeath Risk of Cancer Surgery: The Honest NumbersHow the risk is measured and discussed before consentChoosing a Surgeon and a CentreThe questions that make a centre accountable before you startCaretaker and Family Guide to SurgeryHow the family can watch for problems and speak up early
Talk to us
Something happened and you want it explained?
Call the helpline or write to us. You can ask for a meeting with the operating surgeon and the centre head, or send the records for a second opinion. One helpline serves every CION centre.