NCDRC warns of Stern Penalty on frivolous complaints against Doctors, dismisses Rs 1.25 crore compensation plea with Costs

New Delhi: Taking note of many complainants who try to misuse the Consumer Protection Act - accuse doctors of medical negligence and claim compensation, the apex consumer court recently fined Rs 10,000 penalty on one such complainant on account of wasting precious time of the court. The National Consumer Disputes Redressal Commission further warned such complainants that such cases will bring exemplary penalties on them

" It is thus appropriate and albeit necessary to give stern advise of caution to such complainants through the imposition of exemplary cost to desist from misusing the statutory processes provided for a consumer for better protection of his interests under the Consumer Protection Act, 1986. This Act is not meant to be a tool to obtain wrong gains from or to create ‘nuisance value’ to the medical professionals at large in the country," the court noted while giving relief to a family physician.

The observations came in response to a case that was filed against a panel-based MBBS doctor, who had been accused of medical negligence and greed by a deceased patient's family.

The Complaint

As per the complainant, during 24.10.2016 to 29.01.2017, the patient along with her husband visited several times their family doctor, Dr Chandru K. M. for the complaints of minor health ailments. On 24.01.2017, she had fever and whole-body pain.

According to the complainant, she was repeatedly complaining unbearable pain in the upper portion of her body, i. e. head to neck, also severe pain in her jaw and ear. The ear pain was so severe that she felt to cut her ear. It was alleged that the doctor casually examined the patient by putting stethoscope and gave treatment for simple throat infection and fever. He gave an unnamed injection, few medicines from his clinic and prescribed some and called the patient on the next day for lust and greed of earning money.

It was also alleged that the doctor charged exorbitantly. The doctor prescribed inhalation of some camphor, menthol contained medicines i.e. Cap Karvol and Otravin nasal drop. He casually advised taking fruits like kiwi, khazoor and apple.

The complainnant alleged that the ignored the serious condition i.e. the heart-related problem of the patient. The doctor never asked them to get done any tests for proper diagnosis though the patient was complaining discomfort. According to the complainants, ‘jaw’ and ‘ear’ pain was due to blood clot which blocked near the ear and jaw and was creating trouble. It was further alleged that after taking Karvol inhaler, the blood clot might have moved very fast during 4-5 days from the ear. Further, the blood clot passed through brain but finally struck in the heart of the patient with so much force, which blasted the artery to the extent that there was a big patch of blood found in the anterior wall of the heart, which resulted in the immediate death of the patient by acute myocardial infarction (Acute MI). The patient was taken to Terna Hospital on 29.01.2017, but the doctors there could not save her.

Demanding Rs 1.25 crore as compensation along with Rs 25 lakh towards mental agony, the husband of the patient then filed a complaint with NCDRC alleging that it was due to negligence and delay by the doctor that the patient did not get proper treatment.

He further alleged that he visited to the OP-1 – doctor’s clinic to show the patient’s PM report, but the greedy OP-1 doctor charged him Rs. 100/- as consultation fee without showing any sympathy towards his dead patient.

 

The Response

The doctor in his defence informed the court that the complainant took his wife (patient) at their clinic with the complaint of headache, block nose, ear pain and sore throat. She did not complain of any chest pain. The doctor examined the patient, checked her blood pressure, it was normal 120/80 mm of Hg. The heart and chest examination was normal. There was no chest pain or breathlessness. The throat was infected. Based on the signs and symptoms of patient, the OP No. 1 doctor administered injection Gentamycin and prescribed medicines Paracetamol, Gellucil, Karvol, Tablet Zifi 200 and Otrivin nasal drops. The patient was much better on the next two days, therefore same medicines were continued for further two days. The patient was also advised to take cervical x-ray, but the patient did not turn up thereafter.

The patient died soon after which was informed to the doctors by the complainant. As per the PM report, the cause of death was natural and it was not related with the treatment given by the opposite parties.

Court Observations

The court went in through in detail the various submissions made by the two parties as well as the PM report that stated the patient's death was the case of acute myocardial infarction. The court further noted that the complainant did not mention in his complaint that the patient was taken to Terna Hosptial, that fateful evening after having a fall.

The court noted

Considering the entirety of the case, the complainants have made plenty of bald allegations against the general family physician (OP-1). The prescriptions issued by OP-1 clearly mention about the symptoms of patient who suffered sore throat, fever and body ache on 24.01.2017. The patient had neither breathlessness nor chest pain problem. Thus, OP-1 after examination treated the patient accordingly. As per the medical record of Terna Hospital and the PM report, admittedly the patient died due to cardiac arrest - acute myocardial infarction. Complainant No.1 had made vague attempts to prepare complaint based on findings in the PM report. Thus, the complainant’s theory of “rotation of Big Blood Clot” (supra- paras 12 and 13 ) is just an imagination and not acceptable medically

NCDRC further observed that there was nothing wrong with the doctor's treatment

The complainants alleged that the OP-1 has not referred the patient to Cardiologist or higher centre. It is clear from the prescription that from 24.01.2017 to 28.1.2017 the patient showed symptoms of fever, body pain, throat infection. OP No. 1 treated the patient with proper medicines. There were no symptoms suggestive of cardiac aliments, thus, OP No. 1 did not refer the patient. Thus, it was not negligence. Moreover, the patient and her husband failed in their prudence though they were educated and doing pharma business and supposed to have adequate medical knowledge

The court also pulled up the complainant of making foul accusations against the family physician

On bare reading of the complaint, it transpires that the complainant used some unwarranted and unpalatable words like “lust”, “greed”, “immoral” against the OP-1. This is viewed unfavourably. It is quite surprising to note that the complainant no.1 was aggrieved because OP-1 charged Rs.100/- as a fee to explain PM report. I do not find any wrong with the OP-1, it was his professional fee and he has every right to demand it

The court then absolved the doctor of any medical negligence

On the basis of forgoing discussion and relying upon para 19 , it crystallises that the OP-1 Dr.Chandru K.M. is a general practitioner; had performed his duty with a reasonable degree of skill and knowledge and exercised a reasonable degree of care. The complainants have filed the complaint without any medical basis, but it’s a frivolous an based on vague assumptions. Such complaint discourages the doctor to provide his services to the society without fear. It clearly signifies the ill intention and greed of the complainants to harass the doctor unnecessarily

The court also fined the complainant for making frivolous complaints

It is also to be seen here that the time and resources of this Commission have been wasted in such manner and for such evident purpose. It is thus appropriate and albeit necessary to give stern advise of caution to such complainants through imposition of exemplary cost to desist from misusing the statutory processes provided for a consumer for better protection of his interests under the Consumer Protection Act, 1986. This Act is not meant to be a tool to obtain wrong gains from or to create ‘nuisance value’ to the medical professionals at large in the country. However, keeping in mind the provision of sec.26 of the Act,1986, I confine myself to impose cost of Rs.10,000/- only.