1.

The facts of the case as per the District Commission record are:

“Briefly stated case of the complainant is that she met with

a road accident on 1^st July, 2006 with car bearing

registration No.DL9C P4662. She was taken to Khanna

Nursing Home by the public. Dr. Subhash Khanna did not

prepare any MLC and also did not give her proper

treatment. The person who caused the accident was

influential and approached Dr. Subhash Khanna Rinkesh

Chawla and under their influence treatment was neglected.

She had suffered injuries on her right ankle and fracture of

posterior malleolous and other injuries for which POP

cast was applied. She had also suffered injuries in her

spine for which no treatment was given. She reached the

nursing home at 6.30pm and the orthopedic surgeon was

called at 10.00pm All this was done to help the accused.

She remained under continuous treatment , contacted Dr.

Khosala and she was referred to Indian Spinal Injury

Hospital Vasant Kunj where spinal injury was detected in

MRI report on 12.5.07 She lodged complaint with Medical

Council of India who issued warning to Dr. Subhash

Khanna , Rinkesh Chawla and Dr R.K. Kapoor for not

preparing the MLC. Under these circumstances she

claimed a compensation of Rs.10lakhs.”

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2.

The District Commission after taking into consideration the

material available on record, passed the order dated 28.05.2013,

whereby it held as under:

“Case was referred to Medical superintendent, DDU to

constitute a medical board and give expert opinion that

whether there was any medical negligence committed by

doctors at Khanna Nursing Home or not. The expert

opinion was also received. We have perused medical

opinion submitted by Dr. S.K. Sharma, Dr. Anurag Jain

and Dr. Harmeet Singh. The allegations of the

complainant are two fold---firstly, even though it was a

case of road accident but no MLC was prepared by the

doctors at nursing home and secondly, no treatment was

given to her with regard to her spinal injury. In this

regard, complainant submitted that she made a complaint

to the Medical Council of India in this and a warning was

issued to Dr. Subhash Khanna, Rinkesh Chawla and Dr.

R.K. Kapoor for not preparing the MLC. It might be a

professional misconduct if no MLC is prepared by doctor

in case of road accident patient or it may be a derelition of

duty but does it amount to deficiency in service or not is a

mixed question of fact and law and depends upon the facts

of each case. The defence version was that she was

brought to the nursing home by ASI Uttam chand meaning

thereby that the accident was already reported to the

police before approaching the nursing home. so no duty

was cast on the doctor to intimate the police. MLC is

prepared in a medico legal case if the complainant has

lodged the complaint or wants to take any legal action in

the matter. Statement of Ms Neeta was recorded by ASI

Uttam chand wherein she narrated the fact that how the

accident took place and in the last lines she stated that she

was brought to the Khanna Nursing Home by Deepak ---

husband of Ms Sapna who was driving the car which

caused the accident. She only wanted the cancellation of

the driving licence of Ms Sapna and no other action

PAGE 4 OF 16

against her. The argument advance on behalf of the

respondent was that as she did not want to lodge any FIR,

hence MLC was not prepared by them. She was already

accompanied by police officer who recorded this

statement. He should have requested the doctor to prepare

the MLC if required for final action. No such request was

made by him also. Admittedly no MLC in any Performa

was prepared but at the same time prescription slip given

by the doctor, which was filed on record by the

complainant, gives sufficient information about the

accident and is as good as MLC. Details of the injuries as

well as history of road accident was recorded. it was

recorded tha