Medical negligence cannot be established based on the testimony of lay witnesses when medical records and expert affidavits demonstrate that the patient received appropriate treatment according to standard medical practice.

Per Hon’ble Justice S.P.Tavade – President

1. Being aggrieved and dissatisfied with the order passed by the Ld.District Consumer Commission Thane in consumer complaint no.CC/00/740, dated 07/05/2003, the original complainant has preferred this appeal. The parties to this appeal shall be herein after called and referred to as per their status in the original consumer complaint.

2. The facts giving rise to the present appeal can be summarized as under:-

The complainant is the son of deceased Ashabai Wakade, who was admitted in the hospital of OP no.1 on 18/06/2000. The OP no.1 is the Hospital and the OP no.2 is the treating doctor of deceased Ashabai and OP no.3 is Maharashtra Medical Council. The OP no.2-Dr.Santosh Pillai admitted deceased Ashabai. She was treated in the hospital till 20/06/2000. It was alleged by the complainant that his mother was not feeling well on 18/06/2000. Hence, he consulted Dr.Santosh Pillai and at his advice, Ashabai was admitted in the hospital. It was contended that in the night of 19/06/2000, the complainant received phone call from his sister that deceased Ashabai was suffering from chest pain. Hence the complainant went to the hospital along with his friends and relatives. He requested the Nurse, who gave injection. Thereafter, the complainant tried to contact RMO, but he was in ICU. The complainant asked the nurse to call Dr.Pillai, but he was not available in his house. It was contended that at about 2.00 p.m. the complainant went to the house of Dr.Pillai but he was not available. It was contended that on the night of 19/06/2000, the nurse gave 10 injections to the deceased Ashabai. It was contended that in spite of giving injections, Ashabai could not sleep well and she was having pain but no doctor took cognizance of the condition of Ashabai and ultimately, Ashabai passed away in the morning of 20/06/2000.

3. It was contended that the complainant and others made complaint to the Trustees of the hospital, who realized that Dr.Pillai was at fault. Hence, they assured that they would take action against Dr.Pillai but no action was taken by the Trustees. It was contended that Dr.Pillai was negligent in providing treatment to deceased Ashabai. Therefore, complainant filed the consumer complaint and claimed the compensation.

4. The opponents appeared. The OP no.1 had filed written statement, wherein the allegations of negligence are strongly denied. It was contended that the OP no.1 is a Charitable Trust. Dr.Santosh Pillai was working as Physician. He used to attend the OPD. It was admitted that on 18/06/2000 at about 7.45 pm, Ashabai Wakade was admitted with chest pain. It was contended that Ashabai was taking treatment from Dr.Pillai for about last 4 years. She was Diabetic and having high blood pressure. It was contended that after admission of Ashabai, Resident Medical Officer attended her. Dr.Pillai had given instructions regarding the treatment and those were followed by the nurses, who attended the patient. It was contended that Ashabai was his old patient and was diagnosed by Dr.Pillai. It was contended that after admission in the hospital, the blood investigation and ECG was also advised and done. Similarly, the ENT Specialist Dr.Menon had attended the patient and gave the treatment. It was contended that all necessary treatment was given to the patient and it was evident from the contents of the medical papers of the patient. It is contended that the complainant took treatment for himself in the hospital. Similarly, nephew of the complainant had also taken treatment in the hospital. There is no negligenc