Legal Question in Consumer Law in India

In a case Maharashtra State Consumer Forum upheld the decision of a lower district court in dismissing a complaint of medical negligence on the part of a eye surgeon in not restoring the sight of women to normal viewing without glasses after giving her eye laser treatment. After several rounds of arguments the forum found that no experts opinion was filed in the case against the doctor to show that had he exercised more care the patient would have got better treatment.

The same forum not many days later penalized three doctors to a tune of 15 lakhs for negligence in operating a man that caused his death. This time the stand taken by the forum was that expert�s opinion ascertained by a team of government doctors on request of the widow, which was filed before the forum, showed medical negligence.

If such is the attitude of Forums is it not time government appointed a team of experts visit each private hospitals and assess the caliber of the doctors so that only those cleared by it are allowed to enter operating rooms?.


Asked on 12/10/09, 9:00 am

2 Answers from Attorneys
Mantosh Sarkar M.Sarkar & Associates

Actually all cases are not same and doesnot carry same weight. Every case has his own merit.

In the matter of medical negligence the main focus and matter of consideration whether

the Docotor applied his all effort judicially or not? The success rate depends upon

patient's condition,vitality ,his/her own attention, geographical,socio-economical condition and so many other factos,in which a straight forward judgement is very difficult to pass.

It is very deliberate issue and very difficult to establish One non resident Doctor who (Mr.

Kunal goswamy) who has founded a N.G.O. to compabat such injustice,you may search

through net to get his advise more particularly.

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Answered on 12/10/09, 9:11 am
Mahesh Gupta Medico-legal Advocates and Consultants

It is not clear what you are trying to say. I do not know what is wrong on the part of the State Commission. It is simply abiding by the judgment of the Supreme Court in Martin F. D'Souza v. Mohd. Ishfaq , decided on February 17, 2009. That is a sound judgment.

in the answer given by Sh. Mantosh Sarkar, he meant Dr. Kunal Saha. the National Commision had rejected his complaint. he appealed to SC which quashed the NC order.however, the SC remanded the case back to the NC for deciding the amount of compensation to be awarded.

M C Gupta

MD (Medicine), LL.M.

Ex-Professor

Practising advocate

10 December 2009

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Answered on 12/10/09, 4:21 pm


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