Homeopathic Doctor saddled with Rs.10 lakhs for giving Allopathic Treatment, But a lesson for every Doctor..

Homeopathic Doctor saddled with Rs.10 lakhs for giving Allopathic Treatment, But a lesson for every Doctor as case revolves around death by Anaphylactic reaction..

Adv. Rohit Erande. ©

Case Details :

DR. RAHUL V/s. ARVIND.

REVIEW APPLICATION NO. 251 OF 2017

Before : 

HON'BLE MR. DR. S.M. KANTIKAR,PRESIDING MEMBER & HON'BLE MR. DINESH SINGH,MEMBER. Judgement delivered by : DR. S. M. KANTIKAR, PRESIDING MEMBER
Judgement Link :

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRA%2F251%2F2017&dtofhearing=2019-07-08

Facts in short :

1. The Case goes back to year 2000 , where Complainant's wife, deceased Mrs. Milan, died due to Medical Negligence. On 22/2/2000 at 8 p.m. complaining pain in her stomach , the deceased was brought to the Hospital of the Doctor, a practising homeopath. 

2. It was alleged that he administered her with 2 injections and she had anaphylactic  reactions and her condition became critical and hence she was taken to Dr. Sudhir Washimkar who was running Siddharth Nursing Home. As she was brought dead, she was referred to Govt. Hospital.

3. The Criminal case was also filed U/Sec.304-A of IPC against the Doctor along with the Consumer Complaint. However, the District forum at Nagpur dismissed the complaint with reasons that unless it is proved by evidence  in Criminal Court that the Opponent-Doctor treated the deceased, the Complainant is directed to approach this forum after decision in Criminal Court.

4. On Appeal, the State Forum passed a reasoned order and set aside the District Forum order. It was observed that the Doctor though admitted in notice-reply that he treated the deceased, he purposely suppressed this fact in the District Forum. Moreover it was held that the type of proofs required in Criminal and Civil cases are different and in Criminal case though the Doctor was acquitted, it was observed that all the witnesses turned hostile and hence the Doctor was acquitted for want of Evidence. 

5. In Consumer Cases, Evidence Act is not applicable and hence same criteria that of Criminal Court cannot be applied to Consumer Cases. The State commission further observed that, "Opponent  being a Homeopathic practitioner, is not having any authority to administer allopathic medicines i.e. injections to the patient.  Thus, without any authority he administered the said injections of allopathic medicines to the deceased Milan, and as her death is caused due to reaction of the said injections, it proves per se negligence on the part of Opponent".

6. Thus the State commission allowed the appeal and saddled Rs.3 lakhs on the Doctor. 

7. The Doctor filed Revision against the order, but later withdrew it and filed SLP in hon'ble Supreme Court. Later he withdrew SLP also and filed a Review Petition before National Commission.

Held :

1. The National Commission dismissed the aforesaid Review Petition.

2. It was observed that, in  reply to the legal notice of the complainant, the opposite party doctor has admitted that two injections were given by him to the patient and that she collapsed immediately thereafter. The post mortem report also clearly shows two injection marks, which supports that the opposite party doctor gave two injections.

3. It was also observed that the Opposite Doctor was a mere diploma holder in homeopathy and not a qualified allopath. It was held that the complainant has right to exercise both the remedies, Civil as well as Criminal, simultaneously.

4. The Commission enhanced the compensation to Rs.10 lakhs  with interest @ 12% p.a. since the matter was pending for almost 20 years and directed this compensation to be equally divided between himself and his two children from the deceased wife.

This is yet again very important judgment. The war and allegations between different pathies is going on since many years. Barring few exceptions, in many States Homeopaths or other pathy Doctors cannot prescribe Allopathic medicines, else it will amount to quackery.  Ultimately the patient is many times not aware or not bothered about the qualification of the treating Doctor. the patient wants his/her welfare. 

Question of qualification :

Question of qualification is raised only when there is failure. 2-3 years Back, in one of the famous Hospital in Pune, a MBBS Doctor who was working as an anesthetist, was saddled with fine for not having qualified PG Degree in  Anesthesia. His degree was challenged only when the patient died. Thus these things happen when something goes wrong with the patient.

Anaphylactic reaction :

In the instant case, the patient died due to Anaphylactic reaction after the injections were administered to her by a homeopath. But the question comes to my mind, had the injections been administered by the qualified Allopathic doctor, then whether said Qualified Doctor also would have been held guilty ? All the doctors would agree that they always fear about this dreadful thing - Anaphylactic reaction. No one knows what will be the reaction after administering the medicines. In such cases intention of the Doctors is to save the patient. So whether Doctors should be held liable in the cases of death due to Anaphylactic reaction ? 

The Law is not clear on this point and it should be made clear at the earliest. 

Thanks & Regds,

Adv. Rohit Erande

Pune.©