- (1.) THIS is a complainant s appeal against order dated 10.10.2003 passed by the District Forum. Haridwar whereby the complaint of the complainant was dismissed.
(2.) THE father of the complainant was ill. He was shown to the opposite party Dr. Rajesh Gupta at his clinic in Jwalapur. He prescribed some medicines. It is said that medicines were prescribed without formal test and these medicines could not cure the victim, rather he became more ill and then he was shown to Dr. K.K. Aggarwal on 14.8.2000. The victim remained in the treatment of the opposite party from 10.8.2000 to 13.8.2000, on 14.8.2000 he was shown to Dr. K.K. Aggarwal. It is said that he was vomiting and has become serious. The victim remained in the treatment of Dr. K.K. Aggarwal and then he was admitted in Jolly Grant Hospital on 16.8.2000, where he died on 12.9.2000.
(3.) IT is said that due to the wrong treatment by the opposite party, the condition of the victim has worsened. The opposite party has denied any such negligence and has definitely alleged that he prescribed treatment on the basis of the illness of the victim. The same illness has been reported by Dr. K.K. Aggarwal also. No allegation has been made against Dr. K.K. Aggarwal that he also made wrong diagnosis. Therefore, the diagnosis of the opposite party, doctor was confirmed by Dr. K.K. Aggarwal as well and he cannot be held to be guilty of wrong diagnosis. The second allegation is that he prescribed wrong treatment. There is no expert opinion of any of the doctor that the opposite party, doctor has prescribed any wrong treatment or there was any reaction from his prescribed medicines or there was any allergical reaction to the victim out of these medicines. Even if there had been some reaction or allergy, unless there is some negligence or deficiency in service of the doctor, he cannot be said to be negligent. Every medicine does not suit every person and unless it is proved that there has been some negligence by the doctor, merely because the medicine did not suit the patient, is no ground to presume the doctor negligent. The victim was admitted in Jolly Grant Hospital on 16.8.2000. None of the papers produced from Jolly Grant Hospital show that there has been any negligence on the part of the opposite party. The complainant has moved some application before the District Forum to call for expert opinion from the CMO. The learned Forum has rejected that application. In our view rightly because it was the duty of the complainant to have collected expert evidence. It is not the Forum who will procure expert evidence for the complainant.;