The Lawyer-Compliant is fined for frivolous Complaint !!
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When the Complainant ( a lawyer himself) is saddled with cost of Rs.75,000/- for filing frivolous Complaint against the Doctors !!!
In an interesting case, the State consumer Forum, Mumbai in the case of R.F. Lambay V/s. Shanti Nursing Home, Mumbai & Dr.Prashant K. Pattnaik. CCNo.313/2001, decided on 1/07/2015)
, imposed the cost of Rs.75,000/- on the Complainant for unnecessarily dragging the Opponent Doctors to the Court .!!http://164.100.72.12/…/…/210150701125915301CC 01 313.htm
The Question before the state Consume Fora were :
i.Whether IVP test before commencing of any procedure for lithotripsy was mandatory procedure as alleged in the facts of this case? (Finding -- No.)
ii. Whether opponent no.2 is guilty of negligence and therefore committed deficiency in service? (Finding -- No)
The complainant suffered from an ailment of passing blood through urine. which became alarming and painful and thus he contacted one Dr. Balani who advised him to undergo IVP test as Sonography test showed no results. The Complainant could not wait for the Test in one Hospital as there were previous patients and his pains were unbearable and hence he alleged that at the request Opp. No.1, he contacted Opp. no. the Urologist and the Opponent No.2 told the Complainant that no IVP test is required as the pain was only due to kidney stone and for removal of kidney stone, a surgery for left ureteric calculus was performed. The complainant alleged that when he reached home, he felt restless and therefore finally he was admitted in another Hospital in ICCU treatment of suspected angina, where he was suggested innumerable tests like ECG, sonography and it took 3 months for recovery plus mental agony was separate and all this could have been avoided had the opponent No.2 performed IVP Test and hence the Compliant for compensation of Rs.20 laks !!!
In an interesting case, the State consumer Forum, Mumbai in the case of R.F. Lambay V/s. Shanti Nursing Home, Mumbai & Dr.Prashant K. Pattnaik. CCNo.313/2001, decided on 1/07/2015)
, imposed the cost of Rs.75,000/- on the Complainant for unnecessarily dragging the Opponent Doctors to the Court .!!http://164.100.72.12/…/…/210150701125915301CC 01 313.htm
The Question before the state Consume Fora were :
i.Whether IVP test before commencing of any procedure for lithotripsy was mandatory procedure as alleged in the facts of this case? (Finding -- No.)
ii. Whether opponent no.2 is guilty of negligence and therefore committed deficiency in service? (Finding -- No)
The complainant suffered from an ailment of passing blood through urine. which became alarming and painful and thus he contacted one Dr. Balani who advised him to undergo IVP test as Sonography test showed no results. The Complainant could not wait for the Test in one Hospital as there were previous patients and his pains were unbearable and hence he alleged that at the request Opp. No.1, he contacted Opp. no. the Urologist and the Opponent No.2 told the Complainant that no IVP test is required as the pain was only due to kidney stone and for removal of kidney stone, a surgery for left ureteric calculus was performed. The complainant alleged that when he reached home, he felt restless and therefore finally he was admitted in another Hospital in ICCU treatment of suspected angina, where he was suggested innumerable tests like ECG, sonography and it took 3 months for recovery plus mental agony was separate and all this could have been avoided had the opponent No.2 performed IVP Test and hence the Compliant for compensation of Rs.20 laks !!!
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