When Degrees M.S. in surgery, printed on the Prescription saved Doctors from compensation of Rs.7,25,699

When Degrees M.S. in surgery, printed on the Prescription saved Doctors from compensation of Rs.7,25,699

 

NARAYAN SINGH V/s. DR. K. PURISHOTTAM – R.P. no.1220 / 2015.

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do…

Facts :
The Complainant filed a case for getting compensation of Rs.7,25,699/-, by alleging that as the Doctor did not apply the plaster properly on his injured right hand, gangrene had developed and the hand had to be amputated. But the Complainant lost in both the lower forums and approached national Commission.

Held :
The Complainant failed to prove the fact that the plaster had been either recommended or applied by the Respondent, which resulted in development of gangrene. From the Testimony of complainant’s own Doctor Witnesses, it was proved that there was no negligence.

The Allegations of the Complainant that the Respondent had deliberately not mentioned on the said prescription that plaster had been applied because he did not have expertise in this field. was turned down by the national commission and it was observed as per the letter-head of the Respondent, he holds degrees of M.S. and Ph.D. in General Surgery.

The Petition was also held to be barred by Delay (of 92 days) and the Commission did not accept the alleged grounds for condoning the delay that as his lawyer was busy in looking after his ailing mother in law, the certified copies could not be given by the lawyer to the Complainant in time.

When Degrees M.S. in surgery, printed on the Prescription saved Doctors from compensation of Rs.7,25,699

An article by Adv.Rohit Erande

1 Comment

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    boxofficecollectionreports October 25, 2016

    The Complainant failed to prove the fact that the plaster had been either recommended or applied by the Respondent, which resulted in development of gangrene. From the Testimony of complainant’s own Doctor Witnesses, it was proved that there was no negligence.

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