Consumer panel clears Nagpur doctor of negligence charge

NAGPUR: Hiwraj Kamble consulted an orthopaedic surgeon in Latur for pain and swelling in the right knee. An X-ray revealed a lesion. Another orthopaedic surgeon confirmed the diagnosis, and advised bedrest for five days. A few months later, Kamble’s leg got twisted and he was taken to Dr. Hardikar’s hospital in Pune where he was operated upon. Later, when the swelling returned, Kamble approached the Government Medical College and Hospital in Nagpur, where he underwent a surgery for removal of tumour.
Kamble subsequently filed a consumer complaint against the hospital, Dr.Hardikar and his assistant, alleging negligence in diagnosing the giant cell tumour. Dr. Hardikar contested the case, denying there was a giant cell tumour. He blamed Kamble for failing to reveal his previous medical record.
The commission observed the legal notice sent by Kamble did not mention he had shown the earlier X-rays, so it held Kamble’s allegations to be concocted. The commission observed when Kamble visited Dr. Hardikar for a fitness certificate, another X-ray was taken, and a noting was made about a suspicious shadow in the X-ray. The commission held a small shadow on the Xray could not lead to a confirmed diagnosis of tumour. So the failure to detect it might be accidental or could be an error in judgement, but this would not constitute negligence.
By its order of February 7, the National Commission dismissed the complaint, observing negligence cannot be inferred merely because a patient does not respond favourably to treatment. It also observed no sensible doctor would intentionally cause harm to a patient as it would jeopardise his own reputation.