Punjab, March 4:
The State Consumer Disputes Redressal Commission has dismissed a complaint of medical negligence filed against a Chandigarh-based doctor, ruling that a patient cannot dictate the terms of treatment. The panel emphasized that medical professionals are bound by ethical guidelines and standard care protocols while treating patients.
The decision was issued in response to an appeal by Dr. Deepak Kalia of Novena Clinic, challenging a previous order by the District Consumer Disputes Redressal Commission, Chandigarh. The district panel had, on December 7, 2023, instructed Dr. Kalia to reimburse Rs 46,000 to the complainant, with an interest of nine percent from the date of payment. Additionally, the doctor was directed to pay Rs 10,000 as compensation for mental distress and Rs 7,500 for litigation costs.
The complaint was originally lodged by a Punjab resident who underwent ultrasonic liposuction of the chin, chest, and abdomen at Novena Clinic on June 16, 2019. He alleged that the surgery did not yield any noticeable changes, particularly in his chest measurements, despite paying a significant sum. The complainant accused the clinic of misleading him, failing to provide effective treatment, and engaging in unfair trade practices.
Dr. Kalia refuted the allegations, stating that the patient had visited only twice after being discharged and had shown satisfactory recovery. The doctor maintained that all medical procedures were carried out with diligence and caution, and there was no negligence involved. However, the district commission ruled partially in favor of the complainant, leading to Dr. Kalia’s appeal before the state commission.
After reviewing the case, the state panel ruled that the patient had not provided any solid evidence to support claims of medical negligence or service deficiency. The panel further stated that dissatisfaction with the results of a procedure does not automatically prove malpractice. The ruling overturned the district commission’s decision, dismissing the complaint against the doctor.
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