Court directed patient to pay compensation to doctor
Medicolegal Series no.7
Surat Consumer Dispute Redressal Forum case no: 690/2015
Complainant: 40 yrs old male
Respondent: 1. Pain specialist
Medicolegal Expert Dr. Vinesh Shah and Adv Suhel Desai Appeared before the forum on behalf of Respondent Doctor for arguing the case
Allegation by complainant: complainant was suffering from hip joint pain since 1 year, so he consulted pain specialist for relieving pain. So respondent doctor on 22/07/2011 gave injection in hip joint to releive pain but it was given in wrong place and that aggravate pain more as alleged by complainant. Thereafter he consulted another hospital but after so long treatment, hip joint replacement done in June 2014 having permanent disability of 40%. After dissatisfying with the treatment of respondent doctor, complainant lodged complaint in consumer asking compensations of 18 lakhs.
Facts of the Case: Complainant having hip joint pain since 1 year, so respondent doctor advised to rule out root cause of pain. After due consent, pain specialist with the help of radiologist injected CT guided contrast in hip joint and did Arthrography (Study of hip joint). Afterwards pain persisted due to infection in hip joint so complainant consulted doctor in Mumbai for flare up of infection and treated there and ultimately joint replacement done in June 2014
Arguments by Respondent parties:
• As per sec 24A. CPA, the District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. So this complaint cannot be sustained as here the cause of action is on 22/07/2011 and date of filing complaint was 18/09/215. Moreover complainant had not given any reasonable explanation for such delay.
After hearing both the parties forum dismissed the complaint of complainant and gave order in favour of Opponent Doctor directing complainant to pay Rs. 5000 as cost to respondent doctor.
Dr. Vinesh Shah, M.D(F.M),PhD(F.M),B.G.L
MedicoLegal Expert
Mumbai/Ahmedabad/Surat
Pixie Forensic and MedicoLegal Consultancy
www.pixieforensic.org