A Claim of Rs. 50 lakhs blaming that a patient died because Doctor’s illegible handwriting lead pharmacist to give wrong medicines was recently dismissed by the state forum.
In an interesting case, the Delhi State Consumer Forum dismissed the claim of Rs.50 Lakhs as it was outside the purview of CPA.
Case Details :
Mrs. Vimla V/s. Dr. Ashwani Gupta and Sir Ganga Ram Hospital, Delhi.
Compliant No.46/2018, decided on 13/02/2018.
Facts in Short :
1. The Complainant alleged that her husband died because of wrong medicines given to him. Instead of “Ketropol-DT” some other medicine was given to her husband and this was solely because of misreading or the ill-handwriting of the Doctor on the prescription. The pharmacist due to misreading of the medicine issued him medicines contrary to one prescribed.
2. That other Medicine had side effects and caused the death of a patient. The complainant filed the complaint claiming Rs.50 lakhs compensation from the Opponents stating that her husband succumbed to the death on account of gross medical negligence on part of Doctors and Hospital in the treatment given to her husband.
1. The State Forum after perusing the record and documents came to the conclusion that the present compliant itself was maintainable as it was not a consumer dispute and thus dismissed the same and asked the Complainant to approach appropriate forum.
2. The Forum came to the conclusion relying on a judgment of National Commission in the case of Bright Transport Company Ltd. Vs. Sangli Sehkari Bank Ltd. reported in II(2012) CPJ 151 (NC) decided on 12.01.2012 have held as under:-
“We must consider the question whether this Commission in exercise of its summary jurisdiction would be able to adjudicate on the issues arising on the complaint in an effective manner. If this Commission ventures to do it, it may have to record the evidence of all those persons whose evidence was collected by the CBI. It is only after detailed examination and cross examination of those witnesses and the documentary evidence i.e.voluminous record involved in the said bank transactions that the Commission may perhaps be able to adjudicate on the said question. We have, therefore no hesitation to hold that the complaint indeed raises very complicated question of facts and law which can only be answered by a regular Civil Court and the complainants should be relegated to the Civil Court to work out their remedy for the entire claim made by them in the present complaint or this Commission can decide upon the claim in regard to which there is no dispute between the parties.”
Well, with all the due respect to the Hon. Forum, it is humbly submitted that this judgment may be challenged in the Appellate Forum and the legal professionals may have contrary opinion.
But the main allegation also should not be overlooked. The Handwriting of Doctors has always been the subject matter of chuckles. Nowadays as per my knowledge, (I am open for correction) the Doctors have been asked by MCI to write Prescriptions in Upper case and same should be readable. Many Doctors also give written prescriptions and which shall certainly avoid any such disputes. Already there are umpteen numbers of reasons for filing Medical Negligence cases and this one is an addition to it. SO be careful.
Thanks and Regards,
Adv. Rohit Erande
Judgment Link :