The central legal point established in the judgment is the requirement for evidence of negligence or departure from accepted rules of treatment in medical malpractice cases.

Mr. Justice M.R. Agnihotri, President— Smt. Darshni Devi complainant has come up in appeal against the order dated 5th August, 1994 passed by learned District Forum, Karnal, whereby her complaint against Dr. Rajeshwar Parshad alleging deficiency in service while treating her, has been dismissed as without any evidence.

2. According to the complainant she approached the respondent-Dr. Rajeshwar Parshad, M.B.B.S. MS (PGI), FRCS, Canada, in his Nursing Home at Karnal on 16th October, 1992, as she had experienced some pain in the arm joint. The Doctor attended her for number of days and thereafter referred her for proper advice to P.G.I, with letter addressed to Dr. S.K. Khanna of P.G.I. Ultimately on 16th November, 1992 in the P.G.I, after conducting various tests her right fore-arm had been amputated. On the basis of this happening the complainant approached the District Forum claiming compensation against the respondent. In his reply. Dr. Rajeshwar Parshad admitted that the complainant remained under his treatment but pleaded, that there was no negligence on his part at any stage as he was fully qualified and experienced Doctor and had applied all possible care and caution in treating the patient. During the trial of her claim, the complainant placed on record her own affidavit as well as other husband and prescriptions of the Nehru Hospital, P.G.I., but these things do not prove any negligence on the part of the Doctor. No body has even opined before the District Forum, that there was any negligence or recklessness or departure from accepted and established rules of treatment, on the part of Dr. Rajeshwar Parshad in the treatment given to the complainant. Consequently, we uphold the order passed by the learned District Forum and dismiss the appeal with no order as to costs.

Appeal dismissed.