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This is an archive article published on June 11, 2012

Don’t play with patients’ lives for personal gain: NCDRC to doctor

A practitioner was ordered to pay Rs 7 lakh to the widow of a man,who had died following treatment.

A doctor cannot play with the patients’ lives for personal gain,the apex consumer forum has said while directing an Ayurveda practitioner to pay Rs 7 lakh to the widow of a man,who had died following his treatment with allopathic drugs.

“A doctor is not supposed to play with the lives of people for his personal gain,” the National Consumer Disputes Redressal Commission (NCDRC) said adding that the conduct of the Ayurveda practitioner “smacks of negligence”.

The NCDRC gave its ruling on errant doctor R R Singh’s plea against the Maharashtra State Consumer Commission’s order to him to pay Rs 7 lakh compensation to the widow.

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Upholding the state consumer commission’s order,the NCDRC questioned him as to how did he prescribe allopathic medicines despite having no knowledge of allopathy.

“It is difficult to fathom as to how and why drugs like Betnesol,Decadron and Neurobion were prescribed without consulting an allopathic doctor. It is difficult to understand as to how the petitioner switched over to allopathy without any knowledge of the same.

“His action smacks of negligence…,” the bench presided by Justice J M Malik said.

Opposing the Mumbai-based Ayurveda practitioner’s plea to the NCDRC,widow Pratibha P Gamare told the commission that her husband died due to his negligence.

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She said her husband,admitted in Dr Singh’s clinic,developed problems during the night,but the compounder instead of calling him,administered medicines prescribed by him,after which her husband expired.

Counsel for Singh,however,contended before the commission that as per the autopsy,the patient had died a natural death.

The NCDRC,however,dismissed Dr Singh’s contention,saying “the State Commission rightly held the petitioner guilty of deficiency in service and the amount granted by it in the sum of Rs 7 lakhs appears to be just and reasonable.”

Dr Singh’s counsel had argued that as a sessions court had acquitted him under Section 304 (punishment for culpable homicide not amounting to murder) of the Indian Penal Code,he cannot be held negligent.

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The doctor was,however,convicted under the Maharashtra Medical Practitioner Act,1961 which debars doctors dealing in Ayurveda from practicing allopathy or prescribing allopathic drugs,the forum noted in its judgment.

The apex consumer commission also referred to an affidavit filed by a medical expert,Dr A L Rouben,who had said as per the medical condition of the patient,he should have been admitted to some hospital or nursing home having ICU facility,instead of Singh’s clinic.

Dr Rouben had also said that the drugs administered to the patient should not have been prescribed at all.

Pratibha had said in her complaint before the district forum that her late husband was admitted to Singh’s clinic after the doctor told them that the patient could suffer an attack of paralysis.

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She had said her husband,Panddurang Gamare,was having pain in his legs for which he had approached Dr Singh in August 2004.

Her complaint,however,was dismissed by the district forum,but the state commission had reversed the district’s in its order,which was reversed by the state commission’s order against which Singh had moved the NCDRC.


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