Dismissed: 50 lakhs claim blaming that patient died due to Gangaram Doctor's illegible presciption

Held :

1. The State Forum after perusing the record and documents came to the conclusion that the present compliant itself was maintainable as it was not a consumer dispute and thus dismissed the same and asked the Complainant to approach appropriate forum.

2. The Forum came to the conclusion relying on a judgment of National Commission in the case of Bright Transport Company Ltd. Vs. Sangli Sehkari Bank Ltd. reported in II(2012) CPJ 151 (NC) decided on 12.01.2012 have held as under:-

“We must consider the question whether this Commission in exercise of its summary jurisdiction would be able to adjudicate on the issues arising on the complaint in an effective manner. If this Commission ventures to do it, it may have to record the evidence of all those persons whose evidence was collected by the CBI. It is only after detailed examination and cross examination of those witnesses and the documentary evidence i.e.voluminous record involved in the said bank transactions that the Commission may perhaps be able to adjudicate on the said question. We have, therefore no hesitation to hold that the complaint indeed raises very complicated question of facts and law which can only be answered by a regular Civil Court and the complainants should be relegated to the Civil Court to work out their remedy for the entire claim made by them in the present complaint or this Commission can decide upon the claim in regard to which there is no dispute between the parties.”

Well, with all the due respect to the Hon. Forum, it is humbly submitted that this judgment may be challenged in the Appellate Forum and the legal professionals may have contrary opinion.

But the main allegation also should not be overlooked. The Handwriting of Doctors has always been the subject matter of chuckles. Nowadays as per my knowledge, (I am open for correction) the Doctors have been asked by MCI to write Prescriptions in Upper case and same should be readable. Many Doctors also give written prescriptions and which shall certainly avoid any such disputes. Already there are umpteen numbers of reasons for filing Medical Negligence cases and this one is an addition to it. SO be careful.

Read Also: Warning: Not Writing in CAPITAL, can lead to Spell TROUBLE for doctors

Thanks and Regards,

Adv. Rohit Erande
Pune. ©

Judgment Link :

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=8/0/CC/46/2018&dtofhearing=2018-02-07

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