Unsuccessful Treatment by Doctor Doesn’t Automatically Mean Medical Negligence: Court

The Delhi State Consumer Disputes Redressal Commission recently upheld a verdict by the district commission, stating that negligence by a doctor cannot be assumed automatically in the case of unsuccessful treatment. 

The panel, comprising Justice Sangita Dhingra Sehgal and judicial member Pinki, determined that if a doctor carries out their duties with reasonable skill and competency, they cannot be deemed as negligent and are protected under the law. 

READ ALSO  NCDRC Upholds Compensation in Medical Negligence Case, Highlights Critical Role of Informed Consent and Duty of Care
VIP Membership

The appellant, patient Divya Chauhan, had claimed that over 50 visits to Dr SP Aggarwal’s clinic, coupled with payments totalling over Rs 2,10,000, had left her with severe damage and injury to her teeth and jaw lining. 

Chauhan had demanded a compensation of Rs 15,21,000, along with a refund of Rs 19,000, citing professional misconduct and unfair trade practices by the doctor. 

However, the commission found that the appellant had failed to provide any evidence to support her allegations, stating that the lack of improvement in Chauhan’s jaw/teeth lining was insufficient evidence to prove negligence on the part of Dr Aggarwal. 

READ ALSO  Kerala Court Issues Notice to Officer over His Comments on Verdict Acquitting Bishop Franco in Rape Case

The commission also clarified that unsuccessful treatment was not always a result of negligence, and even following the best practices, some patients may not respond favourably to certain treatments.

READ ALSO  Medical Negligence | Supreme Court  Directs Doctor to Pay Rs 2 Lacs Compensation to 84-year-old Man Who Lost Vision of One Eye 

Law Trend
Law Trendhttps://lawtrend.in/
Legal News Website Providing Latest Judgments of Supreme Court and High Court

Related Articles

Latest Articles