AICL Cases 2013

TRIEXER 1m is a recognized medicine for diabetes, no negligence of AICL member in prescribing medicine.


Facts:

Smt Ghose, complainant was suffering from itching in private parts consulted a gynecologist who after examination prescribed some Blood and sugar test was prescribed and same was done from renowned lab. The complainant was further advised to consult some physician, hence the complainant consulted OP doctor (AICL member). As per the reports some medicines were prescribed including TRIEXER but the complainant, complained about double vision and headache. The said medicines were stopped immediately. But the complaint consulted another doctor who suggested for some test again.
The complainant filed a consumer complaint for compensation of Rs.4.8 lakhs in all, alleging wrong treatment and deficiency in service cause the complainant stated the symptoms of diabetes to OP doctor but did not conducted any test and prescribed medicines on basis of previous test.
Defense:
The AICL counsel took the plea that the test also showed the high blood sugar level and the medicines were prescribed accordingly and cited the case “Martin F. Desouza v/s Md Ishaque &Ors”, that in absence of any expert opinion, allegation of prescribing wrong medicines was fit to dismissed.
Further that, the complainant problem was suggested to be “PRURITUS VALVAE” which is connected with symptoms of hyper Glycimia high level blood sugar. Therefore no deficiency in pathological reports and prescription.
The learned DCF, held the doctors negligent and deficient and vide order dated 02.11.2010 order compensation of Rs. 1,20,000/- and Rs. 20,000/- as litigation cost to be paid by the AICL member and the pathologist.
Being aggrieved an appeal was filed before the State commission, and the AICL counsel stated that as per the symptoms hyper glycimia was detected to be causing pruritas vulval and for that trierex 1m is standard medicines, this was supported by medical literature.
Held: The learned court allowed the appeal of AICL member and stated that Trierex 1m is a recognized tablet for diabetes, hence there is no deficiency and negligence.