Parties: Bishnu Sao vs Doctor
Court: District Consumer Forum, Hazaribagh
Date of Decision: 15.02.2019
Specialization: Dentist
In 2011, Bishnu Sao sought the help of a dentist (AICL member) for a toothache. After examination, the doctor prescribed medication and suggested refraining from tobacco use. However the patient later experienced severe pain, difficulty opening his mouth, and other complications. The OP doctor referred the patient to Tata Memorial Hospital, Mumbai, where patient was diagnosed with cancer. The patient filed a consumer complaint against the doctor, alleging negligence stating the OP removed the tooth and the medicines prescribed by him caused cancer.
The Doctor’s Defense:
The doctor refuted all allegations at the outset and highlighted the point that patient was a habitual tobacco user and for toothache only medicine was prescribed and no tooth extraction was performed, which was evident from the documentary evidence proving that. OP doctor further highlighted that cancer is a long-developing condition which shows its symptoms after years only and no person can have cancer mere from taking any medicine or removal of tooth as alleged by the patient party. There is no negligence by OP.
Verdict:
The court ruled in favor of the doctor, dismissing the complaint. It recognized that the doctor acted responsibly by referring the patient for advanced care and that cancer was unrelated to his treatment. The patient’s condition stemmed from years of tobacco use, not medical negligence.
