The District Forum allowed the complaint of the complainant that there was negligence in applying (the first) plaster cast on the complainant’s daughter’s fractured hand, which led to the need to apply the plaster for the second time. In appeal, the State Commission dismissed the complaint and also held that the complainant was not a consumer since he was not charged any fee for the treatment. In revision, the National Commission held that application of the plaster for the second time did not imply medical negligence on the first occassion since application of POP slab (also known as temporary cast) was a normal procedure adopted in the first instance whenever there was swelling at the site of the injury. Relying on the Supreme Court decision in Jacob Mathew v State of Punjab and Another [(2005) 6 SCC 1], the Commission observed that the doctor who had applied the plaster in the first instance was a senior orthopaedic specialist with considerable experience and the complainant could not dispute his professional decision on the basis of mere allegations, without any expert evidence. The Commission also rejected the complainant’s husband’s contention that he was a consumer since he was covered by the Supreme Court decision in Laxman Thamappa Kotgiri v G.M., Central Railway & Others and that receiving free medical treatment was part of the terms and conditions of his service. It held that the complainant took no such plea before the Fora below and no evidence was produced.


Guide to approaching a consumer court

India's first practical guide to resolving your complaints by approaching consumer court. Guidance
Customer Complaint

Newsletter

Enter your email address to subscribe to our Newsletter.