Yet again it has been held that - NO CURE IS NO NEGLIGENCE - Rs.1.80 Cr compensation Case claiming ., Dismissed

" It was not a duty of a lay person to interpret the scientific medical report."

Case Details :
SHILPI SINGH V/.s CHAIRMAN, M/S. METRO INSTITUTES OF MEDICAL SCIENCES PRIVATE LIMITED & ANR. CONSUMER CASE NO. 3133 OF 2017

Judgment Link :
http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F3133%2F2017&dtofhearing=2017-12-13

Facts in Shorts :

1. 22 years old  complainant, Ms. Shilpi Singh, a student of B.Sc. (Computer Science) filed the present Compliant directly before NCDRC for claiming Rs.1.80 Cr. compensation  for alleged victim of medical negligence, deficiency in service and callous approach of the opposite parties, which resulted in the acute weakness of left side of her body and ultimately became physically challenged.

2. The Complainant was suffering from severe headache, recurrent vomiting, pain in the abdomen, low appetite and weakness. However even after initial treatment, situation did not improve a bit, she was admitted in the Hospital. After various tests, she was diagnosed as Miliary Tuberculosis with TBM (Multiple Tuberculomatous Disease). However it was alleged by the Complainant that all the ways she was given wrong treatment, when  as per MRI, it was detected as inflammatory granulomas likely to be tuberculomas.

3. The Complainant alleged that even after she got discharged, she was having fever, pain in the abdomen. Thereafter also the Doctor did not change the medicines in spite of Complainant requested the Doctors and explained about the symptom. On this background, the complainant had new problem of retention of urine, but the Doctor again gave heavy dose of antibiotics without any basis. Again after few days the Complainant in critical situation brought to the same Hospital and MRI was performed and according to Complainant the fact that she had clot in brain, was suppressed by the Hospital, which was revealed later on and required immediate operation. Thus  she lost faith in the Metro Hospital and got herself admitted in Max Hospital, Saket, New Delhi, where  she was operated for VP Shunt and her symptoms of severe headache, recurrent vomiting, pain in the abdomen etc. were gone. But she did not recover completely.

4. Thus the Compliant was filed on the allegations that the Metro Hospital unnecessarily delayed the diagnosis and treatment, which could have avoided the further Surgery. Thus the Complainant in her very young age became physically challenged and her entire future got ruined due to such callous attitude of Doctors and thus prayed for Rs.6 lakh p.a. totaling to Rs.1.80 Cr as compensation. 

Held :

1. The NCDRC after going through the record and arguments, dismissed the Compliant.

2. The Medical record clearly revealed that the proper Treatment was given as per the Diagnosis. The MRI of brain report was consistence with Tuberculoma/TBM. 

The further observations are important, 

 "It should be borne in mind that the laboratory and radiology reports are to be interpreted by the treating doctor or the medical professionals of concerned specialty.   Patient or relatives, who are lay persons are not competent enough to understand and interpret report.  It was not a duty of lay person to interpret the scientific medical report".

3. The Complainant did not give any contrary expert Opinion. The operation was also essential to reduce the interacranial tension. 

4. The Compliant was also highly inflated as the Complainant failed to prove how she was entitled to get Rs.6 lakhs per year.

5. The Doctor tried his level best and performed his duty as a reasonable and standard of practice and observed as NO CURE IS NO NEGLIGENCE.
6. Lastly it was held that It was filed on the presumptions only without any medical basis.  It was just ignorance of medical knowledge about the disease process of TBM.

This Judgment is a fine example of how half knowledge is dangerous. We have to accept the fact that Medical Science is a developing science and human body has always been a challenge to Medical Science.
 It is unfortunate for sure that the Complainant as such early age became physically challenged. But the proper record keeping and documentation saved the Doctors from the allegations.

Every case is a lesson for others.

Thanks and Regards.

(Adv. Rohit Erande)

Pune.©