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Complainant ordered to pay doctor for false negligence complaint
DTMT NETWORK
MUMBAI: The Maharashtra State Consumer Disputes Redressal Commission recently ordered a woman to pay Rs 35,000 to a surgeon for filing a frivolous medical negligence complaint against him and his nursing home.
The commission rejected the complaint filed by the woman in 1998 after her 73-year-old father, a kidney patient, died. While Rs 25,000 is to be paid toward costs, Rs 10,000 is for filing a frivolous complaint.
The complainant had sought almost Rs 9 lakh damages in her complaint submitted before the commission in 2000.
The commission stated that the woman had not filed any expert opinion on the alleged medical negligence. It pointed out that the doctor had advised surgery for the patient, but the woman had refused it.
The complainant had said that a CT scan revealed fluid accumulation in the patient's brain and a lumbar puncture was carried out. Her father’s condition, however, deteriorated and catheterisation was done.
The woman said physiotherapy was also started, but as his health continued to deteriorate, her father was taken to a multi specialty hospital under the care of the doctor. However, the patient suffered kidney failure and succumbed on April 30, 1998.
The surgeon denied the allegations and said the complaint against him was based on presumptions and conjectures.
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