Dentist ordered to pay Rs 35,000 for extracting wrong tooth, but unwanted remarks against Doctor expunged

Held :

1. The State Commission confirmed the order of state Commission, but did not enhance the compensation as prayed by the Appellant. Rs.25,000 for compensation and Rs.10,000/- for litigation cost were held to be adequate.

2. The Lower Forum had observed that," that public health can be improved by having best of the doctors". The State Commission observed that such finding was given by not making any reference to the record available. There is nothing on record to show that the deceased doctor was not competent/qualified to perform tooth extraction surgery.

The observation made by the Forum may not be read being referred to the deceased doctor- stated the court.

3. The contention of the Doctors that tooth No.27 might have been extracted due to some emergency, was rejected by the forum, for want of any documentary evidence /note.,

In the instant case, the charges for Dental extraction were Rs.200/- each. But as there was palpable evidence on record showing negligence and which was confirmed by the experts too, the Doctors had to pay for it. However the contention which was raised about emergency was turned down for want of any note thereof

Thanks and Regards

Adv. Rohit Erande
Pune. ©

You can read the full case by clicking on the following link

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=6/0/A/22/2017&dtofhearing=2017-04-24