No surgery despite consent: Consumer forum absolves orthopaedic surgeon, hospital of medical negligence, deficiency of service
Jalandhar: The District Consumer Dispute Redressal Commission of Jalandhar has recently dismissed a case of medical negligence and deficiency of service against an orthopaedic surgeon and a hospital wherein the patient had alleged that the doctor and hospital, instead of performing surgery for which the consent was given, only covered the left hand of the patient with plaster and she had to suffer a huge amount of pain as a result.
"We find that the main grouses of the complainant are that firstly, her left arm has displaced/broken and need some surgery. Secondly when the treated doctor did not perform the duty as per the consent. We think that the above grouses of the complainant are not authenticated because the surgery given to the patient depends upon the doctor, not on the patient and the doctor perform ed his duty as per his knowledge and caliber and he cannot depend upon the consent of the patient because surgery or given proper treatments to the patient is regular routine work of the doctors as per their profession."
A medical practitioner would be liable only, where his conduct fell below that of the standards of a reasonably competent practitioner in his field. Negligence cannot be attributed to a doctor so long as he performs his duties with reasonable skill and competence. It would not be conducive to the efficiency of the medical profession, if no doctor could administer medicine without a halter round his neck.
In the absence of an expert doctor's report, we are unable to rely upon the bald submissions of the complainant in this regard, who is not a medical expert person in the medical science, attributing medical negligence to OPs. We are unable to come across any substance on the file to prove medical negligence on the part of OPs.