`Medical negligence not always by doctor'

Calcutta News.Net
Friday 21st March, 2008 (IANS)

'Medical negligence is not always on the part of the doctor,' ruled the National Consumer Disputes Redressal Forum Wednesday while dismissing a complainant's plea. The forum held him responsible for not following medical advise.

P.N. Sudhakar Gupta, a Bangalore resident, filed a complaint with the state commission against the Anugraha Vittala Nursing Home of Bangalore, alleging medical negligence by the private nursing home.

The case dates back to July 26, 1992 when Gupta's 16-year-old daughter ran up fever and was taken to the nursing home.

On examining her, the doctor recommended a blood test, which showed the patient was suffering from typhoid fever. The doctor prescribed suitable medicines to threat the disease.

But the girl again visited the doctor, complaining of severe headache and vomiting. A bottle of blood was administered to her, which resulted in vaginal bleeding.

The doctor gave her another bottle of blood and antibiotic medicines, and she was admitted to the nursing home.

Since the condition of the girl was not improving, the doctor referred the patient to Kidwai Memorial Institute of Oncology (KMIO), also in Bangalore, which confirmed that the patient was suffering from leukemia.

Doctors then asked Gupta to get bone marrow aspiration test conducted on the girl, but Gupta refused to do so.

'The complainant has not been able to prove what the nursing home should have done that it did not do. Unquestionably, the onus of proof in this regard lay on the complainant to prove his case of medical negligence, in which he has completely failed,' ruled Justice S.N. Kapoor and Justice B.K. Taimni of National Consumer Disputes Redressal Forum.

In his complaint, Gupta alleged that despite knowing the fact that his daughter was suffering from leukemia, the doctor did not prescribe any medicines for that and only administered blood transfusion.

Gupta took his daughter back home from the KMIO Hospital Sept 22, 1992 and two days later she died.

'The medical negligence in this case is attributed to the complainant, who despite several recommendations from medical experts refused to go in for bone marrow aspiration test, in absence of which the doctors failed to diagnose the right cause of disease,' the bench ruled.

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