NO Surgery can claim 100 percent Recovery: National Commission
"No Surgery can claim 100% recovery"...,
"In order to recover, the patient is expected to comply with the advice of the doctor"..
Above were the two important takeaways from a recent judgment made by the National Consumer Disputes Redressal Commission bench consisting of Justice Ajit Bharoake and Anup K Thakur in a revision petition of a case alleging medical negligence.
Case Details :
BALJIT SINGH V/.s KUMAR HOSPITAL & ANR., Punjab,
REVISION PETITION NO. 1975 OF 2016, decided on 07 Mar 2017
Facts in nutshell :
1. The Petitioner - Complainant met with an accident and sustained fracture on his right arm. In the Opponent hospital, the Complainant underwent an operation and the Doctor and set the bone and fixed it with screw and plates.
2. After the Post-Op Xray, plates and screws were found to be in place.
3. According to the Complainant, even after the surgery, he had pains in his arms and the operation was not successful and hence he filed the consumer complaint before District Forum , which was allowed directing thereby the opposite party to pay a sum of Rs.50,000/- to the complainant as compensation for loosening of implant. The order of District Forum was set aside by State commission holding that the Complainant failed to prove the Negligence.. Hence the Revision.
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