Doctor Not Liable for Negligence If Chosen Treatment Recognized as Sound Medical Practice: NCDRC (Consumer Case)
The complainant, initially treated for mild swelling in her right eye, was prescribed Pred-Forte drops by a specialist, but her condition worsened over time. After several months, a new doctor diagnosed cataracts in both eyes, linking them to the prolonged use of the medication.

The initial doctor confirmed this connection. The complainant filed a complaint, which was dismissed by the District Commission. However, the State Commission allowed the appeal, ordering the doctor and specialist to pay Rs. 50,000 for legal costs and Rs. 2,00,000 for mental suffering. The doctor then filed a revision petition with the National Commission.

The National Commission reviewed the complainant’s key legal precedents that define medical negligence, such as proving a duty of care, a breach, and resulting harm. It found that the specialist prescribed medication in accordance with standard medical practice, including advising against contact lens use. The complainant failed to provide sufficient evidence to support their calm of negligence, particularly regarding the three-month prescription period.

The Commission also noted that the complainant should have contacted the doctor if adverse effects occurred. As a result, the National Commission overturned the State Commission’s decision, ruling that there was no medical negligence and dismissing the complaint.

Source: – Live Law
By: – Rajat Ranjan
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