Mrs. Biswas had an unfortunate fall from a bus which injured her left wrist. She approached Dr. Saha who plastered the wrist and prescribed medicines. This did little to relieve her of the pain and hence, she approached the doctor again who changed the medicines and advised some exercises. When this line of treatment too didn’t work, Mrs. Biswas visited another doctor for a second opinion who diagnosed mal union of bones.
Believing that the mal union of bones reflected shortcoming in Dr. Saha’s treatment, the patient approached State Consumer Disputes Redressal Commission, West Bengal and blamed him for her prolonged ailment. Mrs. Biswas alleged that the mal union of bones clearly suggested that Dr. Saha was negligent in treating her. Despite changing medicines she did not get relief and the pain persisted, she claimed.
The Commission patiently listened to her complains but the verdict was apparent. It was observed that Mrs. Biswas simply blamed the doctor without bringing any expert opinion to prove her point. Moreover, the Commission also observed that choosing the line of treatment is a doctor’s prerogative and as long as the treatment is in line with accepted medical practice, the doctor cannot be held negligent merely because the patient didn’t get any relief.
Dr. Saha breathed a sigh of relief as the Commission found him not guilty of negligence.
Source: Order pronounced by State Consumer Disputes Redressal Commission, West Bengal on 16th March, 2018.