Mrs. Mukherjee approached Dr. Burman, a dentist, with acute dental problem. The dentist performed RCT on the patient’s +7 tooth and fixed a ceramic crown. In just a couple of months, the ceramic crown dropped and Dr. Burman fixed the same again.
The ceramic crown, however, seemed to have a mind, or feet, of its own. It dropped six more times within a period of 4 months. Finally, Dr. Burman refused to re-fix the crown when the patient approached him the seventh time, and asked her to visit an expert dentist or a dental center to resolve her critical dental problems. Mrs. Mukherjee visited another dentist who fixed the ceramic crown, which thankfully for her, remained strong, steady and in its place.
Deciding that an example needs to be made of Dr. Burman’s denial, the patient approached State Commission of West Bengal, throwing punches in form of allegations. Mrs. Mukherjee alleged that she suffered immense dental pain and went through a harrowing time for 4 months, all because of the dentist’s negligence.
Not willing to be browbeaten, the dentist claimed that RCT was performed as per acceptable procedure and he simply referred the patient to a higher center for better treatment.
It was an open and shut case for the State Commission. It was observed that res ipsa loquitur was applicable to the case – where facts of the case speak for itself. Dr. Burman was held guilty of medical negligence and was ordered to pay compensation to the patient – a deciding blow dealt by the law!
Source: Order pronounced by National Consumer Disputes Redressal Commission, New Delhi on 15th January, 2016
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