The National Consumer Disputes Redressal Commission has slapped a fine of Rs 1 lakh on a doctor here for not filing his report within the stipulated 60-day time and seeking to condone the 1,544-day delay in a medical negligence case filed before the district forum here.
The Commission also directed the District Forum to conduct the case as expeditiously as possible after the ENT (ear,nose and throat) doctor paid his fine.
The Commissioner while allowing the condone delay appeal by the doctor, said loss of time had caused harassment to the complainant, whose daughter died even as the case was pending since January 2006.
It directed him to file written version of his reply to the complaint and to pay the fine on the next hearing date. If this was not done, it would be open for the district forum to proceed further in the case.
Complainant Muthupandian submitted that his daughter was operated upon by Dr M Syed Basudeen of Cresent ENT Hospital. But she went into coma due to anaesthesia overdose. He sought Rs 10 lakh compensation, but the doctor did not reply immediately.
Meanwhile his daughter's condition worsened, he said, adding that even by conservative estimates it would require Rs 20 lakh to treat her. He contended that the respondent was responsible for delaying the treatment and sought a direction to pay him Rs 20 lakh compensation.
The district forum rejected the doctor's reply as it was given after 1,544 days. The state forum upheld the decision on Jul 23, 2013. The doctor then filed an appeal, seeking condonation of delay and said the district forum had decided it ex-parte at the national commission.
The commission said the petitioner had given vague reasons that his counsel was indisposed. But the complaint of medical negligence against the doctor was serious. There was no reason he would consciously ignore the complaint, it said.
It said the delay was attributable to sickness of the counsel and set aside the district forum order and directed it to try the case and dispose it expeditiously.
