Rejected: Medical negligence claim of Rs 15 lakh against Dentist, Cosmetic Surgeon
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"...her evidence about medical negligence by respondents in performing surgery for removal of dark circle under the eyes, liposuction and abdominoplasty can be said to be hearsay," court observed in the order.
Maharashtra: A consumer court in Maharashtra''s Thane district has rejected a professional singer''s plea seeking a compensation of Rs 15 lakh from two doctors for alleged deficiency in service.
The complainant, Rahima Gulam Azad, told the Additional District Consumer Disputes Redressal Forum at Vashi that she worked as an orchestra singer and suffered from dark circles under eyes and fat on abdomen and waist.
On the recommendation of dentist Bindiya Gupta, the complainant, a resident of Nerul in Navi Mumbai, approached cosmetic surgeon Vikas Sharma to get rid of the problems.
She said Sharma performed surgeries on her in 2014 to remove that fat and scars but they appeared after some time due to "medical negligence" on part of the surgeon.
The woman then underwent a follow-up, but in vain, and because of the scars and fat, she could not perform in orchestra events.
Hence, she sought a compensation of Rs 15 lakh from the two respondents (Sharma and Gupta) for the mental agony suffered by her and the medication and litigation costs.
The consumer forum's president V K Shewale and members T A Thool and G M Kapse, in their order dated July 10, said Azad had no knowledge of medical jurisprudence.
"Hence, her evidence about medical negligence by respondents in performing surgery for removal of dark circle under the eyes, liposuction and abdominoplasty can be said to be hearsay," they observed in the order.
Her evidence does not show she properly followed the medical advice and follow-up treatment, they said.
The doctors took due and reasonable care, as per medical parameters, in conducting the cosmetic surgery, the forum noted.
"Thus, the complainant has failed to prove that the respondents committed medical negligence. Hence, they cannot be blamed in the matter," it said and dismissed the claim.
Maharashtra: A consumer court in Maharashtra''s Thane district has rejected a professional singer''s plea seeking a compensation of Rs 15 lakh from two doctors for alleged deficiency in service.
The complainant, Rahima Gulam Azad, told the Additional District Consumer Disputes Redressal Forum at Vashi that she worked as an orchestra singer and suffered from dark circles under eyes and fat on abdomen and waist.
On the recommendation of dentist Bindiya Gupta, the complainant, a resident of Nerul in Navi Mumbai, approached cosmetic surgeon Vikas Sharma to get rid of the problems.
She said Sharma performed surgeries on her in 2014 to remove that fat and scars but they appeared after some time due to "medical negligence" on part of the surgeon.
The woman then underwent a follow-up, but in vain, and because of the scars and fat, she could not perform in orchestra events.
Hence, she sought a compensation of Rs 15 lakh from the two respondents (Sharma and Gupta) for the mental agony suffered by her and the medication and litigation costs.
The consumer forum's president V K Shewale and members T A Thool and G M Kapse, in their order dated July 10, said Azad had no knowledge of medical jurisprudence.
"Hence, her evidence about medical negligence by respondents in performing surgery for removal of dark circle under the eyes, liposuction and abdominoplasty can be said to be hearsay," they observed in the order.
Her evidence does not show she properly followed the medical advice and follow-up treatment, they said.
The doctors took due and reasonable care, as per medical parameters, in conducting the cosmetic surgery, the forum noted.
"Thus, the complainant has failed to prove that the respondents committed medical negligence. Hence, they cannot be blamed in the matter," it said and dismissed the claim.
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