The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that expert evidence is crucial in medical negligence cases to determine fault.
Brief Facts of the Case
The complainant suffered a snake bite on her right thumb and was taken to Nehru Satabdi Central Hospital, where she was treated as a paying patient. Admitted to the pediatric ward and under the care of the doctors, she alleged that the doctors failed to provide proper treatment, resulting in gangrene and the subsequent amputation of her thumb. Discharged in an incomplete state of recovery, she required further treatment elsewhere, incurring significant expenses. The amputation adversely affected her daily life, ability to write, body image, and marriage prospects. The complainant filed a complaint before the District Commission prompting her to seek Rs. 5,00,000 in compensation for the negligence and loss suffered. The District Commission allowed the complaint and directed the Hospital to pay Rs.3,00,000 as compensation along with Rs.1,000 towards cost of litigation. Aggrieved, the hospital appealed to the State Commission of Orissa which dismissed the appeal. Consequently, the hospital filed a revision petition before the National Commission.