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Not Obtaining Written Consent Before Treatment Is Medical Negligence: West Bengal State ...

Source: , Posted On:   07 July 2024

The West Bengal State Commission, presided by Justice Manojit Mandal, held a doctor liable for deficiency in service by committing medical negligence by not obtaining written consent from the patient before the treatment.

Brief Facts of the Case

The complainant's father took his daughter to the opposite party/doctor for treatment of her uneven and slightly forward upper teeth. He later learned that orthodontists are the specialists qualified for such treatment. Despite not being an orthodontist, the doctor began treatment without following the proper procedures for straightening and rearranging her teeth. The complainant argued that the doctor should have referred them to an orthodontist, who would have conducted a thorough examination, including x-rays and moulds, before starting treatment. The complainant filed a complaint before the District Commission which allowed the complaint and found negligence and deficiency in the doctor's treatment. It directed the doctor to pay compensation of Rs.3,00,000 within 45 days. Aggrieved by the District Commission's order, the doctor appealed to the State Commission.