Perform your duty, or pay compensation

  • Posted on: May 25, 2023

Treatment without confirming diagnosis is a dangerous affair. While most doctors follow this accepted clinical protocol before proceeding with patient care, instances such as these puts a blot on the entire healthcare community.

The patient suffered from piles – a fairly common ailment suffered by many. The doctor he consulted, without confirming the cause or diagnosis, performed fissurectomy and haemorrhoidectomy.

Days and months went by but the patient continued to suffer the embarrassing ailment. He consulted another doctor, but to no avail.

Finally, the treatment from an Ayurvedic centre helped him recover.

The patient filed a case against the doctor in Consumer Court. The doctor stated that “the patient was a case of fissure with haemorrhoids for which he was operated upon with utmost care and caution. Post-operatively he developed some mild infection in his rectum which got healed after sometime”.

The Commission went through prescription and records, and ruled that the doctor was negligent while observing the following:

“The discharge card shows that fissurectomy and haemorrhoidectomy was done and patient was discharged with follow up treatment. Further receipts produced on record reveals that the patient had spent large amount on his treatment. The doctor failed to diagnose the disease properly and without diagnosing he performed the operation of fissure, whereas the complainant was suffering from fistula”.

“Since, the doctor was negligent in performing his duty, therefore patient is justified for compensation”.

Source: Order pronounced by Haryana State Consumer Disputes Redressal Commission on 15th December, 2022.