Observing that error of judgement of doctors while treating a rare disease does not amount to deficiency of service , the National Consumer Commission today dismissed the medical negligence claim case to the tune of Rs 143.08 crore filed by a US-based doctor whose wife died almost nine years ago here after she suffered a deadly skin allergy.
The National Consumer Disputes Redressal Commission Bench, presided by Justice M B Shah, absolved the Advanced Medical Resaerch Institute (AMRI)-Apollo Hospital and its five Kolkata-based doctors Sukumar Mukherjee, Balram Prasad, Kaushik Nandi, Abani Roy Chaudhary and Vaidyanath Haldhar of charges of medical negligence.
Rejecting the complaint of Ohio-based doctor Kunal Saha, whose wife Anuradha, after receiving the treatment for seven days at AMRI-Apollo, died at a Mumbai hospital, the Bench said 'We reiterate that doctors or surgeons do not undertake that they will positively cure a patient.' Saha, in his complaint filed in 1999, had alleged doctors of AMRI hospital, Kolkata, administered an 'unscientific overdose of highly toxic steroid Depomedrol' to his wife who had acquired Toxic Epidermal Necrolysis (TEN), an acute skin allergy, during her brief visit to India.
'Medical opinion may differ with regard to diagnosis or treatment but in a complicated case like the instant one the court will be slow in attributing negligence on the part of the doctors if they had performed their duties to the best of their abilities and with due care and caution,' said the Commission.