Unsuccessful treatment doesn't mean doc's negligence, says consumer court

NEW DELHI: Delhi State Consumer Disputes Redressal Commission has held that negligence by a doctor cannot be assumed automatically for unsuccessful treatment.

Upholding the verdict of district commission, it said: "In view of the forgoing, we are in agreement with the reasons given by the district commission and fail to find any cause or reason to reverse the findings of the district commission," the bench of Justice Sangita Dhingra Sehgal and judicial member Pinki said in their order on May 1.

The bench said that as long as a doctor performs his or her duties with reasonable skill and competence, they cannot be deemed negligent. They are protected under the law as long as they follow these standards.

"Since the appellant failed to show any evidence before the district commission as well as before this commission to substantiate the submission made by her, we are of the view that the appellant has failed to establish any negligence on part of the respondent in the present case," the consumer commission said.

The commission was hearing an appeal of patient Divya Chauhan who alleged that she paid over Rs 2,10,000 and made over 50 visits to the clinic of Dr SP Aggarwal causing irreparable damages and injury to her teeth and jaw lining. She sought a refund of Rs 19,000 and compensation of Rs 15,21,000 for the doctor's unfair trade practices and professional misconduct.

The court noted that the appellant vaguely alleged that the doctor had committed negligence due to which she did not see any improvement in her jaw/teeth lining.

"However, this alone cannot be a ground for holding the respondent liable for medical negligence since sometimes despite the best efforts, the patient may not favourably respond to a treatment... due to which the treatment may fail," the commission said.