Doctors must get benefit of doubt: Consumer panel

The National Consumer Commission has ruled that a doctor can’t be held responsible for every medical negligence during the course of the treatment to a patient.

The apex consumer court’s response came on a petition filed by Subhendu Majumdar, a resident of Kolkata, who has alleged that he lost vision in one of his eyes in 1996 due to medical negligence. Subhendu has accused Dr Ashish Bhattacherjee of leaving his eyes infected.

Turning down Subhendu’s plea, the consumer commission quoted the Supreme Court guidelines on a doctor’s role and said, “The medical professionals are entitled to get protection so long as they perform their duties with reasonable skill and competence and in the interest of the patients. The interest and welfare of the patients have to be paramount for the medical professionals.”
Subhendu also blamed the doctor of not performing the cataract surgery properly and discharging him from the hospital early. He has demanded compensation of nearly Rs20 lakh.

Dismissing his allegations the panel ruled, “In the realm of diagnosis and treatment there is scope for genuine difference of opinion and one professional doctor is clearly not negligent merely because his conclusion differs from that of other professional doctor.”