Surat Consumer Dispute Redressal Forum case no: 180/2014
Complainant: Husband of a patient
Respondent: A General practitioner
Medicolegal Expert Dr. Vinesh Shah and Adv Suhel Desai Appeared before the forum on behalf of Respondent Doctor for arguing the case
Allegation by complainant:
Complainant wife was suffering from cough so she consulted respondent general practitioner on 16/12/2013. Doctor gave two injections in his clinic but complainant wife suddenly fall outside his clinic so doctor told to shift her to hospital as blood pressure was high. She was shifted to tertiary hospital and where she was diagnosed having brain damage , treated there and discharged with difficulty in speaking. After dissatisfied with the treatment of doctor her husband made complaint in Consumer forum alleging due to Reaction of two injections given by General practitioner, her wife got brain damage and asked for compensation.
Arguments by Respondent parties:
Consumer protect act clearly mentioned who can make complaint in Consumer forum
As per sec 2(b) of Consumer protection act 1986, following can make complaint in Consumer forum
(i)consumer
(ii) any voluntary consumer association registered under the Companies Act, 1956
(1 of 1956) or under any other law for the time being in force
(iii) the Central Government or any State Government, who or which makes a complaint;
(iv) one or more consumers, where there are numerous consumers having the same interest
(v) in case of dealth of a consumer, his legal heir or representative
Complaint was not lodged by patient herself. Patient was alive so as per sec 2(b)(v) of Consumer protection act, only in case of death of patient her legal heirs can lodge complaint in Consumer forum. Only difficulty in speaking is not the ground for making complaint by her husband.
After hearing both the parties forum dismissed the complaint of complainant and gave order in favor of Opponent Doctor
After dissatisfied with the order of district forum, complainant approached State Commission but his appeal was not admitted by state Commission also.
Dr. Vinesh Shah M.D(F.M),PhD(F.M),B.G.L
MedicoLegal Expert
Mumbai/Ahmedabad/Surat
Pixie Forensic and MedicoLegal Consultancy
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