"The patient does not have the authority to dictate the terms of treatment. It is well established in medical ethics and practice that the treating physician is guided by medical protocols, ethics and the expectations and requirements of the patient, within the boundaries of accepted standards of care." While observing this, the State Consumer Disputes Redressal Commission has dismissed a complaint filed against a doctor for medical negligence. The state commission said that the patient had failed to produce any concrete and substantial evidence to substantiate the allegations of medical negligence or deficiency in service on the part of the appellant.
The state commission has pronounced the decision on an appeal filed by Dr Deepak Kalia of Novena Clinic in Chandigarh.
DR Kalia had challenged the order dated December 7, 2023, passed by the District Consumer Disputes Redressal Commission, Chandigarh, vide which he was directed to refund Rs 46,000 with interest at the rate of nine per cent from the date of deposit to the complainant. He was also directed to pay Rs 10,000 to the complainant as compensation for causing mental agony and harassment and Rs 7,500 to the complainant as the cost of litigation.