Abstract

A case of medical negligence in the treatment of fracture by Orthopedic Surgeon in a private hospital decided in appeal by the NCDRC. The sum and substance and import of the Complaint were alleged medical negligence / deficiency in service against the Opposite Parties hospital and doctors.

Negligence and deficiency were alleged in treating a fracture in the left arm, which inter alia caused development of gangrene, and resulted in the amputation of the left arm below the elbow of the minor Complainant. It left him permanently disabled, and in need of continuous further treatment.

The minor Complainant was treated in Dhawan Surgicare and Multi Specialty Hospital, Ludhiana, the Opposite Party No. 1, and then in Christian Medical College, Ludhiana (‘CMC’). No allegation has been made against CMC.

NCDRC observed that we also find that the State Commission has expressed its lack of expertise in medical science and relied solely on the report of PGI in disregarding the objections of the Complainant and in dismissing the Complaint (“The Court is not expert in the medical science and it has to rely upon the report of expert body of doctors to come to the correct conclusion. 

The expert body of experienced doctors constituted by PGI, Chandigarh found no medical negligence on the part of treating orthopaedic surgeon from Dhawan Surgicare and Multispecialty Hospital in this case.  Consequently, we find that the expert body of doctors found no case of medical negligence, hence we being not experts in medical science have to prefer to rely upon the report of expert body of doctors constituted by the PGI, Chandigarh. The objections duly considered and we conclude that report of expert body of doctors of PGI, Chandigarh would prevail.”)

Various issues related to role of State Consumer Court and medical board has been discussed. There is general perception among public that medical board try to cover up negligence on the part of doctors. Hon’ble Supreme Court and various consumer courts including NCDRC framed guidelines on this issue.