Non-compliant patient demands compensation!

  • Posted on: September 17, 2020

Non complying patients have a unique trait. They not only ignore the advice of doctors but also blame them for any untoward outcome as a result of their own non-compliance. This story is one of several examples of such cases.

Vikrant slipped from his bike which fractured his right leg. He approached Dr. Gupta who treated him and applied plaster. He was strictly advised complete bed rest for a month and to not put any weight on the right leg. The doctor also advised him to go to a higher centre for further treatment.

But Vikrant did not heed to the good doctor’s advice. He resumed his job almost immediately. The implanted screws obviously loosened causing pain and complications. Instead of visiting the higher centre as advised, the patient chose to visit yet another doctor who performed another procedure.

With this background, Vikrant sued Dr. Gupta, claimed compensation and alleged that he negligently inserted the screws which resulted in non-union of bones and shortening of leg!

Broken claims… is what perhaps the Commission thought as they observed that loosening of screws and displacement depends whether the patient has strictly heeded to doctor’s advice or not. The Commission also observed that the other doctor’s discharge certificate did not mention anything about shortening of leg; instead it was mentioned ‘20% temporary disability’.

“The patient was negligent as he resumed work despite one month bed rest advised by Dr. Gupta” concluded the Commission and quashed Vikrant’s complaint.

Source: Order pronounced by National Consumer Disputes Redressal Commission, New Delhi on 5th June, 2020