Claim to medical negligence junked as affidavit not filed

Jehangir Gai / TNN / Updated: Dec 19, 2022, 09:51 IST

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Chimanbhai Karsanbhai Parmar's 44-year-old wife, Pushpaben, had fever, oedema, blood pressure and was passing less urine. She was under the treatment of Dr.Piyush Shastri of Ahmedabad.

Claim to medical negligence junked as affidavit not filed

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Chimanbhai Karsanbhai Parmar's 44-year-old wife, Pushpaben, had fever, oedema, blood pressure and was passing less urine. She was under the treatment of Dr.Piyush Shastri of Ahmedabad.
After his wife expired, Chimanbhai filed a complaint against Dr.Shastri alleging medical negligence. He stated that his wife had visited Dr.Shastri for treatment over 25 times during the period 26 March, 1999 to 6 May, 2000, but her condition had not improved. On 6 May, 2000, the renal function test showed a high value and elevated uric acid level. This was diagnosed to be a kidney problem for which she was referred to and admitted to the Kidney Institute at the Civil Hospital. However, she died on 7 May, 2000, within less than 24 hours. The cause of death was recorded as rheumatoid arthritis, hyper uremia, acute renal failure, with cardio-respiratory failure. Chimanbhai alleged that his wife had expired due to the doctor's failure to diagnose and treat his wife properly, for which he claimed Rs 6,25,000/- towards compensation. Dr Shastri contested the case and denied negligence.
Chimanbhaid did not file any affidavit or lead any evidence in support of the allegations made in the complaint. Yet, the State Commission held Dr Shastri liable to pay Rs.3 lakh as compensation along with 6% interest. So Dr Shastri appealed against the order.
The National Commission found that Pushpaben had been treated at Pukhraj Hospital in Sabarmati, but the medical record had been suppressed. It was also observed that the patient was on self-medication and was taking pain killers since several years, which is known to cause renal damage.

The National Commission noted that no evidence had been adduced in support of the allegation of medical negligence. By its order of 1 December, 2022, delivered by Dr S.M. Kantikar heading the Bench along with Binoy Kumar, the Commission allowed the appeal and dismissed the complaint, observing that medical negligence cannot be attributed merely because a patient does not get cured.

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