Present an unbiased expert opinion

  • Posted on: March 20, 2019

The patient had excruciating pain in the upper side of right shoulder. He visited the doctor who diagnosed it as dislocated shoulder, prescribed Manipulation Under Anaesthesia (MUA) and medicines.

After bearing the pain for about twenty five more days, the patient again approached the doctor who performed some tests that reported that the dislocated shoulder’s reduction had failed despite the treatment. The doctor advised for an operation but the patient had lost the faith and denied for same.

The patient in fact sued the doctor and approached State Consumer Disputes Redressal Commission, West Bengal where he alleged negligence on part of the doctor. He also alleged that the doctor the dislocation of shoulder was not mentioned on the prescription provided by the doctor, and that also amounted to negligence.

The doctor defending himself stated that the standard treatment protocol was adopted and also presented expert opinion of another doctor, albeit who was known to him personally.

The Commission rejected the expert opinion and observed that since it is an opinion by a doctor selected by the doctor, hence it cannot be free from bias!

The doctor was held negligent and ordered to compensate one lakh plus rupees to the patient.

Source: Order pronounced by State Consumer Disputes Redressal Commission, West Bengal on 21st December, 2018