Life is quite complicated. Sometimes, it gets entangled and can be tasking for one to come out of it’s mesh, especially if it’s a legal one.
Kala Chand had a problem of hair loss and took Stem Cell Therapy treatment from Infancy Health Care. Not satisfied with the results of the therapy, he approached the West Bengal State Commission, alleging that the hospital assured a week’s time for complete stop in hair loss. Not just that, Kala Chand also alleged that even after 27 sittings, the problem of hair loss was not resolved. Citing deficiency in service and negligence on part of Infancy Health Care, Kala Chand received a ruling in his favour, directing the hospital to pay compensation of INR 35,000. The hospital challenged this order in appeal before the National Consumer Disputes Redressal Commission, New Delhi.
It was submitted by the hospital that the treatment is usually completed in one sitting, but it may take 4 – 6 weeks for the results to appear. Moreover, the treatment was indeed completed in one sitting and not 27 sittings as claimed by the patient. Additionally, there was no assured time-frame given for the stop of hair loss and the patient had given an informed consent before the therapy, concluded the hospital.
After observing both side of the scalps and medical records, the National Commission noted that the patient gave an informed consent in which it was clearly stated that the result of the treatment may vary from person to person. Moreover, the Commission also observed there was no evidence that the doctor guaranteed a time-bound assured result. Interestingly, the Commission further observed that “there did not seem to be any justification in making interference in the order passed by the State Commission as no irregularity, illegality or jurisdictional error has been proved in the said order on the part of the patient”.
Hence, Infancy Health Care was held not guilty, but yet ordered to pay compensation to Kalachand. Now, that is a unique legal entanglement!
Source: Order pronounced by National Consumer Disputes Redressal Commission, New Delhi on 31st May, 2016.