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"Treatment was given against medical principles" required to be proved in Medical Negligence case

Sep 04, 2022

Surat Consumer Dispute Redressal Forum case no: 440/2015

● 46 yrs old female

● Qualified General Surgeon

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:

Due to multiple sores in left foot , complainant consulted opponent doctor on 11/06/2014 who did dressing and prescribed medicines. After repeated dressing and medicines, his foot condition was not improved and infection flared so on 10/08/204, Opponent doctor again did operation on affected foot but after that complainant consulted in Ahmedabad also where he again took treatment. During treatment complainant suffered pain and agony for 3 months. So after dissatisfied with the treatment of Opponent Doctor, complainant lodged the complaint asking compensation of Rs.4,20,000.

Argument by Respondent Party

● Complainant consulted on 11/06/2014 was already suffering from non healing wound in left foot

● Opponent doctor did debridement of wound meticulously and prescribed antibiotics to control infection and advised regular dressing as well.

● Complainant then consulted on 10/08/2014 i.e after 2 months. On examination Opponent doctor found to have severe infection so with the consent of complainant, debridement and excision of wound done.

● With meticulous treatment, Opponent doctor saved complainant's left foot from Amputation

● Opponent doctor gave treatment 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