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HomeLegal NewsNo Doctor does negligence knowingly : NCDRC endorses UP Consumer Forum observation

No Doctor does negligence knowingly : NCDRC endorses UP Consumer Forum observation

New Delhi : The National Consumer Dispute Redressal Commission (NCDRC) has rejected a revision petition which sought to enhance the quantum of compensation awarded by the UP State Consumer Dispute Redressal Commission from Rs.50,000 to Rs.4,40,000. NCDRC further endorsed the observation of the UP State Consumer Dispute Redressal Commission which observed “ No doctor does negligence knowingly and nor the doctors objective is to give wrong treatment to the patient”.  Dr. S M Kantikar, Presiding Member of NCDRC rejected the allegation of the patient’s kin who has alleged that the death of the patient was caused by the Anti Tubercular Treatment (ATT) advised by the doctor.

It was said by the patient’s kin that the patient had respiratory problem and the doctor diagnosed as pleural effusion of left lung and was admitted in doctors nursing home. The effusion fluid was removed by the doctor and the patient was discharged. The patient’s kin alleged that due to the consumption of medicine the patient lost appetite and developed jaundice but the doctor ignored the patient. The patients further alleged that the doctor admitted his mistake but did not stop ATT. The patient was referred to RML Hospital, Delhi for jaundice treatment and was later admitted to Safdarjung Hospital and diagnosed as Drug induced hepatitis. Later the patient developed kidney problem and dry gangrene of both foot and eventually the patient died.

NCDRC while dismissing the revision petition said that the diagnosis and the ATT treatment was appropriate. The court referred to the Harrison’s Internal medicine and said that the hepatotoxicity caused by ATT drugs is known complication of ATT drugs. Also, the renal problem and gangrene of foot both cannot be related to ATT treatment the court said. Hence NCDRC concluded that death of the patient could not be attributed to the ATT treatment advised by the doctor. The Court confirmed the State Commission award and dismissed the revision petition for enhancement of compensation.