RAJESH KUMAR TIWARI Vs. RAMSWAROOP RATHORE
LAWS(MPCDRC)-2006-11-1
MADHYA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMISSION
Decided on November 02,2006

RAJESH KUMAR TIWARI Appellant
VERSUS
Ramswaroop Rathore Respondents

JUDGEMENT

- (1.) THIS appeal arises from the order dated 30.9.2005, passed in Case No. 4 of 2005 by District Consumer Disputes Redressal Forum, Katni, directing the appellant doctor to pay Rs. 50,000 as compensation and Rs. 300 as cost on the ground of medical negligence allegedly committed by him in the treatment of his son.
(2.) THE brief facts as depicted by the respondent -complainant are that his son (hereinafter referred to as the patient), was suffering from fever on 9.10.2003. The appellant, Dr. Rajesh Tiwari was called for his treatment. After examining the patient, the doctor gave some medicines and 2 injections, one in the right hand and the other in the right hip. As a result of the injection an abscess developed on the hip. Though Dr. Tiwari was informed about the complication but he did not come to see the patient. As his condition deteriorated, he was admitted in the District Civil Hospital, Katni on 11.10.2003. The skin on his hip region had blackened and pus had formed in the wound. He died on 12.10.2003.
(3.) THE respondent has alleged that Dr. Tiwari is only an Ayurvedic doctor, yet he gave allopathic treatment. He was careless in administering the injection and this led to infection. The post -mortem stated that cause of death was due to toxemia. A case was also registered against Dr. Tiwari. Dr. Rajesh Tiwari has denied that he treated the patient on 9.10.2003, or that he was called on 11.10.2003. He denies giving any injection or that he is in any way responsible for the abscess or the death of the patient. He states that he is a qualified Ayurvedic practitioner. He treats patients of the village with Ayurvedic medicines, and does not give injections. He further alleges that the respondent -complainant demanded Rs. 5,000 for the treatment of his son from him. When he refused to give the money the respondent threatened to implicate him in a false case.;


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