The State Consumer Disputes Redressal Commission (SCDRC) here on June 2, upheld a district forum’s order and dismissed a complaint of medical negligence against a super specialty hospital and a doctor.
The complainant, T. Rama Devi, an RTC conductor and resident of Murad Mahal near Gowlipura, approached S. Ashok Kumar, a general physician at Sai Krishna Super Specialty Neuro Hospital, Kacheguda, in October 2004, complaining of severe pain in her left leg. Though she was prescribed medicines, her pain increased after taking medication, so the doctor changed medicines and advised her a month of bed rest.
Since it did not help, Ms. Devi went to Osmania General Hospital (OGH) for treatment on the advice of her brother who worked there. There, after getting an X-ray done by Y. Surendra Rao, an orthopaedic surgeon, she was told that the condition of her leg deteriorated because she was wrongly treated.
Aggrieved, Ms. Devi approached the State Human Rights Commission (SHRC) in May 2006, seeking a stationary job at the RTC, due to her condition. Her request was accepted, and the RTC was asked to comply with the request in a month. However, she later approached the SHRC again in 2009 alleging medical negligence in the treatment of her leg, and was asked to appeal to the SCDRC.
The ruling bench of the SCDRC noticed that nowhere in her first complaint in 2006 with the SHRC did she mention medical negligence, and also that her complaint to them was made much later after the two-year limitation under the Consumer Protection Act, which states that a complaint must be made within two years of the incident happening.
As such, there was no evidence to prove that there was a case to exempt her from the two-year limitation, and the hearing bench also found that no evidence had been given to it to prove medical negligence by Dr. Kumar. Hence, finding no irregularity in the district forum’s ruling, it dismissed the case, and the claim for Rs.10 lakh compensation.
