On 14th March 2009, Patient, approached the doctor for chest pain. He was given an Injection Diclofenac Sodium in his right buttock for the treatment. After the injection he started getting pain, tingling and numbness in right lower extremity, for which the doctor gave some injection.

Again on 17th March 2009 the respondent approached the doctor as he did not get relief. The patient was unable to walk and lost the sensation of right leg.

The patient consulted one Dr.Ramesh Patankar, the Neurophysician and also visited the Physiotherapist. He was diagnosed to have right tibial and peroneal nerve lesions with mild sensory motor neuropathy. He was then referred to Sion Hospital where the diagnosis of sciatic nerve lesion was confirmed and the treatment was advised.

Alleging medical negligence patient filed a case before DCDRC for compensation for deficiency in service and medical negligence of doctor.

Ld. District Forum came to the conclusion that it was because of the wrong method of administration of the gluteal injection; there was damage of the sciatic nerve on right side. The district forum awarded compensation to the patient to the tune of Rs. 3 lakh with the interest rate of 10% per annum.

Being aggrieved by the order of the district forum, doctor has filed appeal before SCDRC. Considering the submissions made before SCDRC, considering record and scope of the appeal, following points arise for determination and accordingly findings thereon are noted against them for the reasons given below:

1. Whether there was deficiency in service given by the doctor to complainant? No
2. Whether complainant is entitled for compensation? No
3. What Order? As per the final order.

In the view of the above findings, SCDRC passed the following order.

“ORDER

1. The Appeal is partly allowed with no order to costs.
2. The impugned order dated 01/04/2014, passed by the Ld. Additional District Consumer Disputes Redressal Forum, Suburban Mumbai, at Bandra in complaint no.279 of 2011 is hereby set aside.
3. It is hereby declared that, there is no deficiency in service and medical negligence while giving treatment to the opponent, the original complainant.

Case deals with issue of medical negligence in giving injection and consequential damage suffered by the patient. Various case laws relied on the issue of medical negligence and Bolam Test applied in this case and SCDRC exonerated doctor from the charges of medical negligence.