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If a testing facility or hospital makes an untrained nurse or medical professional do the test and you suffer harm, it means the testing facility has breached their duty of care towards you. So, you can file a case against the facility for medical negligence. This can be a:
• Civil case, where you can ask for compensation, shut down the medical facility etc.
• Criminal case, where the authorities will be punished with either a jail term or a fine. You can also register an FIR with the police for medical negligence under Sections 3361 (act endangering life or personal safety), 3382 (causing grievous hurt) and 3193 (causing hurt, bodily pain or disease) of the Indian Penal Code.
You can also seek disciplinary action against the nurse/doctor and the hospital administration by filing a complaint at the hospital’s grievance office or to the State Medical Councils.
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