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HindustanTimes Tue,29 Jul 2014

Chandigarh doc asked to pay Rs. 70 lakh for negligent treatment

Press Trust of India, PTI  New Delhi, July 03, 2014
First Published: 22:33 IST(3/7/2014) | Last Updated: 08:33 IST(5/7/2014)

The National Consumer Disputes Redressal Commission (NCDRC) has asked a Chandigarh-based doctor to pay Rs 70 lakh to a young man (then a teenager) whose left leg had to be amputated due to the doctor's casual manner of treatment for his fractured leg in July 2003.

The victim Abhishek Ahluwalia's mother Anuradha Ahluwalia had approached the apex consumer commission against the order passed by Chandigarh Consumer Disputes Redressal Commission, which had rejected her plea for compensation.

"It is the respondent no. 1 (Dr Saluja) alone who is to be blamed for such an unfortunate incident. We hold that medical negligence on the part of respondent no.1 is writ large in this case...Therefore, we direct respondent no.1 to pay the aforesaid amount (Rs 70 lakh) to appellant no.1 (patient) by way of demand draft in his name...," the bench, presided by Justice VB Gupta, said.

The bench added the doctor had treated the patient in a 'casual manner and applied the dynacast plaster so tight that on regaining consciousness, the boy complained about acute pain in his left leg which led to formation of blisters and gangrene in the skin'.

It was also observed that had the amputation of leg not been done by the doctors of another hospital where the boy was admitted when his condition deteriorated, his life would have been in danger.

The victim's mother Anuradha had submitted that after her son Abhishek sustained a fracture in his leg on July 11, 2003, while playing in a school, he was taken to the clinic of Dr Sanjay Saluja, who was recommended by the school.

Dr Saluja recommended Abhishek to INSCOL Hospital, where he was treated and later referred to another hospital. INSCOL Hospital, however, was not held negligent by the commission.    

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