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Has to show type of deficiency in service to prove a case of medical negligence

Dec 04, 2022

Surat Consumer Dispute Redressal Forum case no: 479/2014

● son of deceased

● Qualified Neurosurgeon

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 father met with road traffic accident and suffered head Injury for which craniotomy done by a Opponent doctor, after operation condition of his father worsens and he died after 2 days ,So after dissatisfied with the treatment of Opponent Doctor, complainant lodged the complaint asking compensation of Rs.10,00,000.

Argument by Respondent Party

● Complainant has failed to show type of deficiency in service discharged by Opponent Doctor

● Opponent doctor gave treatment and did operation as per standard protocol of medical practice with reasonable degree of care and skill.

After hearing both the parties forum dismissed the complaint of complainant and gave order in favor of Opponent Doctor.

Dr. Vinesh Shah
M.D(F.M),PhD FM),B.G.L
Medicolegal Expert
Pixie Forensic And Medicolegal Consultancy