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PRINCE (MINOR) THROUGH ITS NATURAL GUARDIAN V/s. DR.
R.C. GUPTA
Judgment Link :
http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F721%2F2017&dtofhearing=2023-03-29.
Facts in short :
1.
Brief facts to dispose of both the Revision Petitions
are that the Complainant’s son was suffering from fever in December, 2001
and he approached Dr. R. C. Gupta – Pediatrician -Opponent at Kanpur (OP) on 14.01.2002, few
medicines were prescribed and he was called after 7 days.
2.
It was alleged that the OP failed to advice
pathological tests and failed to diagnose the serious disease. It was
further alleged that, another child
specialist at Etawah informed him about wrong treatment given by the OP and
the child was suffering from Meningitis. The Complainant again approached
OP on 29.01.2002 but he referred him to Madhuraj Nursing Home, and
diagnosed as TB Meningitis.
3.
The main grouse of the Complainant was that the Doctor
didn’t advice CSF analysis to diagnose meningitis. Being aggrieved by the
alleged wrong treatment his child became handicapped, therefore, filed a
Consumer Complaint before the District Forum, Kanpur.
4.
The District Forum allowed the Complaint and directed
the OP to pay Rs. 2 lakh as compensation within 30 days.Being aggrieved,
the OP and the Complainant filed cross-Appeals before the State
Commission. The Appeal – F.A. No. 761 of 2013 filed by the OP was
allowed and F.A. No.1081 of 2013 filed by the Complainant was dismissed.
Hence, the Complainant filed the instant two Revision Petitions.
Held :
a. The
commission observed that Opponent Pediatrician is practicing physician
having experience of 45 years. Initially the child was presented with fever
and he was treated with antibiotics and antimalarial drugs.
b. The various prescriptions on record show
that the treatment given by OP was correct as per the reasonable standard
of practice. To start with, for fever, the doctor usually initially
prescribes antibiotics and antipyretics. No reasonable doctor will
suspect as meningitis directly unless the patient shows clinical signs of
meningitis. Therefore, it does not constitute medical
negligence.
c. As the
fever didn’t subside, the investigations revealed high total WBC count and
Neutrophilia. The commission, on the allegations of the Complainant that the
OP didn’t advice CSF (CerebroSpinal
Fluid) analysis to diagnose meningitis,
held that the CSF analysis is not an OPD procedure & thus
the Doctor, on the suspicion of meningitis, referred the patient to Madhuraj
Hospital on 29.01.2002 and where The CT Scan showed normal findings and the
CSF analysis was done and it revealed TB meningitis. The Court observed, therefore,
it was not a dereliction of duty of
care from the OP doctor. The patient was investigated, diagnosed properly
and at appropriate time, referred to higher center.
d. The
Disability Certificate filed by the Complainant shows that the child
suffered 40% disability, which the Court observed as the
sequel of TB meningitis and no way concerned with the treatment given by
OP. The Order of the State Commission is well reasoned and I do not find
any need to interfere in it and thus dismissed both the Revision Petitions.
The NCDRC has given important verdict and has recognized
the importance of experience of a Doctor in his filed. No doubt, all shall
have sympathy for the poor child and his parents, but that does not mean
the Doctors should face the gallows. In these days the Doctors are caught
in catch 22 situation. If they prescribe a test, if tests reveal nothing then
the allegations are that the Tests are uncalled for and it’s a cut practice,
on the contrary if they don’t advise tests, then the case of medical negligence
is made.
Thanks and Regards
Adv. ROHiT ERANDE ©. Pune
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