NCDRC dismisses complaint of medical negligence by ex-IPS Satish Verma

However, in January 2013, Verma had again consulted the doctors, complaining of a lurch while walking and occasional pain. By October 2013, doctors had noted that his left leg had shortened by 1.5 inch. Verma had then filed his complaint before the Commission alleging medical negligence, saying the implants were incorrectly fixed and he was misled during postoperative follow-ups.

The Commission had sought an independent opinion from a board of medical experts from AIIMS and an amicus opinion from a senior orthopaedic surgeon at Dr R N Kapoor Municipal General Hospital and College in Mumbai was also sought for. The medical experts unanimously opined that there is no element of negligence in the treatment.

The order, pronounced on June 2 and made public on June 6, notes that Verma had a history of smoking and was also diagnosed with osteoporosis, with clear advice given to Verma by doctors to stop smoking as it affects the healing process.

The Commission also observed the surgical procedure was done with due diligence, operating surgeons adopted appropriate and accepted procedures for treating and fixing the fracture in question, and necessary care was taken to ensure that the fracture was anatomically reduced during the surgery.

NCDRC held that Verma failed to prove “by a preponderance of the evidence that the treating doctor’s deviation caused damages to him,” and thus dismissed his complaint.