Referring a patient to higher centre is not medical negligence.

.”
The facts in nutshell : A 4 year old daughter of the Complainant  was suffering from fever, cough and vomiting. She was given an injection in her thigh as  a routine method and she developed swelling and pain. As suspected hematoma and swelling, she was referred to the Hospital, where she underwent 2 surgeries which costed Rs.2,00,000/- and further plastic surgery for Rs.50,000/- was advised and hence the complaint for Medical Negligence !!
Dismissing the Complaint, it was observed by the NCDRC after perusing the medical record as well as literature  that there was proper treatment for cough, fever and vomiting. The opponent Dr. suspected Dengue fever and also the possibility of bleeding diathesis as patient developed hematoma in the left thigh, hence, his decision to immediately refer the patient to Hospital  was the proper and bonafide and  referring a patient to higher centre is not negligence.
NCDRC also lastly relied on judgment of Hon’ble Supreme Court. In “ Martin F.D’Souza Vs. Mohd. Ishfaq” AIR 2009 SC 2049” it was observed that, “Simply because a patient has not favorably responded to a treatment given by a doctor or a surgery has failed, the doctor cannot be held straightway liable for medical negligence by applying the doctrine of res ipsa loquitur. No sensible professional would intentionally commit an act or omission which would result in harm or injury to the patient since the professional reputation of the professional would be at stake. A single failure may cost him dear in his lapse”.

Thanks and Regards

Adv. Rohit Erande​
Pune.

You can get a copy of the judgement by clicking on the following link.

Rudresh V/s. Dr. Srinivas V. & ors