Case Law: Better To Show Up In Court Even When There Is A Clear Case Of Medical Negligence

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, WEST BENGAL

ORDER DATED: 18th May, 2018

Doctors or hospitals not presenting a defence when facing a case of medical negligence invariably draws inference by the courts that they are negligent.

A doctor and the hospital were dragged to State Consumer Disputes Redressal Commission, West Bengal by the patient. It was alleged that Laparoscopic Cholecystectomy performed by Dr. Ghosh at Sri Arbindo Seva Kendra was not as per accepted medical practice.

To substantiate this allegation, the patient stated that CT scan performed after the surgery revealed accumulation of fluid in lower abdomen. Even the hospital where he went subsequent to the surgery opined sub diaphragmatic collection.

The patient also submitted the USG which reported a stone of 6 mm in the gall bladder and presented an expert opinion that validated his claims.

Neither Dr. Ghosh nor anyone from Sri Arbindo Seva Kendra appeared to present their side of the story. The Commission, having observed medical records and perused expert opinion held the doctor and hospital guilty of negligence. They were ordered to collectively pay the patient twenty five lakh, a hefty compensation for ne