For failing to diagnose the problem of a child and delaying remedy for over a month, the district consumer disputes redressal forum, Chandigarh, directed a local doctor to pay Rs 50,000 as compensation for deficiency in service and causing pain, mental agony and harassment.
Disposing of the complaint filed by Ritu Garg, a resident of Sector 27, the forum also directed Sector 19-based Dr Vineet Sharma to pay Rs 10,000 as cost of litigation.
The forum on November 27 held, “There is an error of judgment on part of the doctor as he failed to rightly assess and conduct the obvious test before arriving at the diagnosis based on his personal knowledge. The doctor had acted in a negligent and deficient manner while providing service to the complainant’s son, Shivam.”
The detailed order of the forum presided over by Rajan Dewan held, “It was established that the only remedy to the condition of the patient was a surgical procedure and the act of doctor in not diagnosing the problem of the child delayed this remedy for over a month.”
The amount is to be paid jointly by the doctor and United India Insurance Company Limited which issued professional indemnity policy in the favour of the doctor.
In her complaint on July 5, 2011, Garg said her son Shivam suffered an injury on his right elbow forearm in his school.
He was taken to Dr Vineet Sharma for treatment after conducting an X-ray at Dr Sodhi, MRI Centre in Sector 33.
However, Dr Sharma neither checked the injury properly nor evaluated the X-ray and only advised two-three days’ rest to Shivam.
He also advised a slab as well as limb elevation/active finger movement, along with a dose of pain killer.
It is averred that when the pain did not reduce even after a week, the complainant again visited the doctor for diagnosis. As there was no improvement in Shivam’s condition, he was taken to the GMCH where he underwent surgery.
Garg alleged that doctor gave wrong treatment to her son by not repositioning the interposed annular ligament to its normal site, but preferred to apply slab on Shivam’s forearm, which aggravated the problem.
No negligence in treatment, claims Doctor
Denying any negligence in treatment, Dr Sharma said the complaint was not maintainable as the complainant did not produce on record any expert opinion of any competent doctor/medical board to establish that there was any negligence on his part while giving treatment to her son.