AICL Cases 2012

Patient could not prove his claim against AICL member, appeal dismissed with cost.

The admitted facts of the case as per the complaint were that the complainant was examined by the OP doctor (AICL member) on 18.07.2008 for facture Rt forearm and elbow and was admitted in the clinic of the OP doctor, as per the advise no surgery was done but plaster was cast with an assurance that it will cure but it was alleged that due to the negligence of OP the soft tissue damaged and lost with gross contamination., hence the complainant was admitted in another hospital, where treatment was given but due to delay in the right treatment the hand could not be save and he lost his right arm and got 50% disable and filed a consumer complaint for compensation but the OP took the plea that OP doctor advise for surgery but the complainant did not follow his advice, hence the OP prescribed the medicines and gave treatment accordingly.
The lower court held that the complainant has not filed any document that he took treatment with OP one week before going to another hospital. The complaint was dismissed vide order dated 22.12.20009.
The complainant filed an appeal, the state commission observed that there is no document in support that complainant took treatment for 8 days at the OP clinic before going to another hospital. The learned court further held that in absence of any evidence the court confirms the order of DCF and dismiss the appeal with cost.