NCDRC | Medical Negligence | No cure is not negligence of doctor; Complainant despite reasonable treatment was not recovering — Doctor not liable for negligence

National Consumer Redressal Commission (NCDRC): Dr S.M. Kantikar (Presiding Member) addressed a matter wherein medical negligence was been alleged.

OP — Dr. Vinod Bele has been alleged to caused medical negligence resulting to radial nerve injury due to negligent administration of injection in the arm of the patient.

Previously, district forum had held OP liable for negligence after which OP appealed in the State Commission wherein it was allowed and order of District Forum was set aside.

The instant revision petition was filed under Section 21(b) of the Consumer Act, 1986 by the aggrieved complainant.

OP had denied any negligence in the treatment of the patient.

Complainant was suffering from arthiritis since 2-3 months she was under treatment of OP till September 2001. Nothing on record was found which proved that OP administered injection. Also it has been addd that OP referred the complainant to Kasturba Hospital where sh was treated for arthiritis on OPD basis.

It is further to note that, the patient did not approach OP immediately for the alleged suffering of “Radial Nerve Palsy” after taking the alleged injection on 8th January, 2001.

Bench also noted that for 4 months she was taking treatment and in result there was positive evidence of recovery but thereafter she did not come in the hospital for follow up examination and thus she suffered disability.

Complainant failed to produce any cogent evidence or any expert opinion that the OP treated the patient negligently and caused post injection radial nerve palsy.

Thus, in tribunal’s opinion, OP acted with reasonable care. Disability was due to the long standing arthiritis but not due to nerve palsy as alleged.

“No cure is not negligence” — despite reasonable treatment if there is no improvement.

Hence in view of the above, revision petition was dismissed. [Sunandabai Kisanji Dhole v. Dr Vinod Bele, 2020 SCC OnLine NCDRC 126 , decided on 22-06-2020]

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