Reeda's death: Legal action not easy?

For Reeda Sheikh's family, the first casualty to Swine Flu in the country, the legal battle has just begun. First there was the much publicised press conference. Then came the actual filing of a criminal case.

"We have filed a complaint against the directors of the Ruby and Jehangir Hospitals and Dr Sanjay Aggarwal for negligence," Asif Lampwala, Lawyer for the Sheikh Family was heard to say.

The family's alleged:

• Jehangir Hospital misdiagnosed the case
• Sent Reeda's samples to Ruby Hall for testing - a hospital not authorised to test for swine flu

The government's also agreed that Reeda's death was due to the delay in diagnosis.

Now based on the family's complaint as per the law, a 3-member committee of doctors will enquire into the case. A criminal case will only proceed once that Committee comes up with its findings.

"It's not easy to do fight a negligence case," said Rohan Nahar, Criminal Lawyer.

The onus is now on a 3-member committee; they will have to decide if prima facie a case of negligence is made against the hospitals. But, whatever their decision, for Reeda Sheikh's heart broken parents, this is going to be a long and painful legal battle.