The State Consumer Disputes Redressal Commission of Chandigarh, has set aside an order against a Chandigarh based plastic surgeon ruling in his favor in a case alleging medical negligence.
The plastic surgeon Dr. Deepak Kalia, had filed an appeal against the decision of the District Consumer Disputes Redressal Commission which had directed him to refund Rs 46,000, and pay Rs 10,000 as compensation and Rs 7,500 as litigation costs to the complainant, Ajay Kumar Itkan.
The case revolved around a liposuction procedure performed by Dr. Kalia on June 16, 2019, at Novena Clinic, Chandigarh. The complainant, Ajay Kumar Itkan, had alleged that the surgery did not yield the expected results and that the doctor failed to provide necessary medical records. He claimed this amounted to medical negligence and deficiency in service.
However, the State Commission, led by Justice Raj Shekhar Attri (President) and Preetinder Singh (Member), ruled that the complainant failed to provide substantial evidence of medical negligence. The Commission emphasized that an unsuccessful treatment outcome does not automatically indicate negligence unless there is clear proof of deviation from medical standards.
Further citing precedents from the Supreme Court, the Commission noted that the burden of proof lay with the complainant, which was not satisfactorily met.
Additionally, the court acknowledged Dr. Kalia’s qualifications and adherence to medical protocols. It pointed out that the complainant did not present crucial evidence, such as photographs, during the original proceedings, which weakened his case.