Maharashtra: Woman asked to pay doctor for ‘frivolous’ plaint
Rebecca Samervel | TNN | Updated: Dec 25, 2018, 04:19 IST
Picture for representation purpose onlyMUMBAI: The state consumer commission recently ordered a woman to pay Rs 35,000 to a doctor for filing a “frivolous” medical negligence complaint against him and his nursing home. The commission dismissed the complaint filed by the woman in 1998 after her 73-year-old father, a kidney patient, died.
While Rs 25,000 is to be paid toward costs of the complaint, Rs 10,000 is for filing a “frivolous” complaint.
In the complaint submitted before the Maharashtra State Consumer Disputes Redressal Commission in 2000, the woman had sought almost Rs 9 lakh compensation.
While finding no merits in the case, the commission pointed out the complaint included issues such as urethral catheterization not being done by a doctor but a nurse, enema not being given in the presence of doctor and negligence in lumbar puncture procedure performed by a qualified doctor.
The commission further said the woman had cited it was due to this doctor her father’s admission later in a multi-specialty hospital and dialysis got delayed. “The complainant states due to the death of her father, there was loss of his monthly pension on which the complainant and her four sisters were depending upon for their livelihood. We are of the opinion this is a frivolous complaint to harass the doctor who has followed the standard practice of treating such patients. We, hereby, declare the complainant has failed to prove her case of medical negligence.”
The commission also stated that the woman had not filed any expert evidence on the alleged medical negligence. It pointed out that based on medical investigations, the doctor had advised surgery for the patient, but the complainant had refused it.
The woman, a lawyer, had told the commission she and her two sisters had admitted their father to the nursing home on April 10, 1998, after he complained of constipation and reduced food intake. The woman said a CT scan revealed fluid accumulation in his brain and a lumbar puncture was carried out. Her father’s condition, however, deteriorated and catheterisation was done. She said physiotherapy was also started, but as his health continued to worsen, he was taken to a multi specialty hospital under the care of the doctor . However, her father suffered kidney failure and succumbed on April 30, 1998.
The doctor denied the allegations and said the complaint was based on presumptions and conjectures.
While Rs 25,000 is to be paid toward costs of the complaint, Rs 10,000 is for filing a “frivolous” complaint.
In the complaint submitted before the Maharashtra State Consumer Disputes Redressal Commission in 2000, the woman had sought almost Rs 9 lakh compensation.
While finding no merits in the case, the commission pointed out the complaint included issues such as urethral catheterization not being done by a doctor but a nurse, enema not being given in the presence of doctor and negligence in lumbar puncture procedure performed by a qualified doctor.
The commission further said the woman had cited it was due to this doctor her father’s admission later in a multi-specialty hospital and dialysis got delayed. “The complainant states due to the death of her father, there was loss of his monthly pension on which the complainant and her four sisters were depending upon for their livelihood. We are of the opinion this is a frivolous complaint to harass the doctor who has followed the standard practice of treating such patients. We, hereby, declare the complainant has failed to prove her case of medical negligence.”
The commission also stated that the woman had not filed any expert evidence on the alleged medical negligence. It pointed out that based on medical investigations, the doctor had advised surgery for the patient, but the complainant had refused it.
The woman, a lawyer, had told the commission she and her two sisters had admitted their father to the nursing home on April 10, 1998, after he complained of constipation and reduced food intake. The woman said a CT scan revealed fluid accumulation in his brain and a lumbar puncture was carried out. Her father’s condition, however, deteriorated and catheterisation was done. She said physiotherapy was also started, but as his health continued to worsen, he was taken to a multi specialty hospital under the care of the doctor . However, her father suffered kidney failure and succumbed on April 30, 1998.
The doctor denied the allegations and said the complaint was based on presumptions and conjectures.
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