JUSTICE DELAYED IS JUSTICE DENIED.

Legal Action taken by me to get justice in my medical negligence case.

After getting discharge from the hospital in the year 2002, I tried to get the MRI and EMG/NCV test report which has revealed total loss of nerve conductivity. I came to know that there was gross medical negligence in my case which the doctors tried to hush up from me and my parents during the course of surgery.

After getting discharged I got the papers in 2004, by the intervention of Maharashtra Human Rights Commission. After getting IPD papers I filed a case in Maharashtra State Consumer Disputes Redressal Commission, in February 2005 vide complaint number: CC-22-2005.  The case got dismissed in limine in March 2006. The State Commission has relied the statement of the doctor that the complainant came on a two wheeler a distance of 50Kms.The State Commission has clearly mentioned in its judgment that as the complainant is able to drive a two wheeler for a distance of 50Kms., therefore he is fit and trying to paint false picture before the judges. The state commission has not gone through the handicapped certificate and not applied its mind that a handicap person cannot drive a two wheeler and does not get a license to drive a two wheeler from RTO. Hence the state commission has dismissed the case relying upon the doctors statement only. 

The court has not decided the case as per the negligence of the doctors nor it has taken into consideration the side effects of the operation. Like the doctor had not done required pre-operative test because of which he could not do the promised surgery completely, the doctor had also not cured the loss of sensation caused after the spinal analgesia before discharge. But he has misguided this court where he had told that he cured the patient completely and the patient had benefited by the operation. Relying upon doctor’s statement the court had dismissed my case without proper scrutiny of the papers or appointing the panel of doctors to check the health of the patient and the court dismissed the case  without applying its mind.

There after I appealed to National Consumer Dispute Redressal Commission, vide complaint Number: FA-336-2006. The Complaint was reverted back in December 2007, to the State Commission again to decide upon the case after taking the written statements from the OP’s and also penalized Rs. 25,000/-.

At the State Commission, after the CC NO:22/2005 was reverted back, the written submissions were filed by OP’s the doctor and the hospital. In March 2009, the case got dismissed again after relying upon doctors wrong statements. The second time also the state commission relied upon the statement of the doctor that the complainant came on a two wheeler a distance of 50Kms.The State Commission has clearly mentioned in its judgment that as the complainant is able to drive a two wheeler for a distance of 50Kms., therefore he is fit and trying to paint false picture before the judges. The state commission has not gone through the handicapped certificate and not applied its mind that a handicap person cannot drive and does not get a license to drive a two wheeler.

It has also not looked into the medical negligence matter at all hence the state commission has dismissed the case relying upon the doctors statement only. The court has not decided the case as per the negligence of the doctors nor it has taken into consideration the side effects of the operation. Like the doctor had not done required pre-operative test because of which he could not do the promised surgery completely, the doctor had also not cured the loss of sensation caused after the spinal analgesia before discharge. But he has misguided this court where he had told that he cured the patient completely and the patient had benefited by the operation. Relying upon doctor’s statement the court had dismissed my case without proper scrutiny of the papers or appointing the panel of doctors to check the health of the patient and the court dismissed the case  without applying its mind the second time also.

Further again I appealed to National Consumer Dispute Redressal Commission vide Appeal Number : FA-181-2009. The case went on for 6 years and came for final argument on 15^th July 2014. On the day of final argument my counsel and the OP’s counsel were only present at the time of argument.

The next day Dr. Santosh J. Karmarkar managed to appear before the judges and influenced the judges in my counsel’s absence. Relying upon operating doctor’s wrong averments, on 14-10-2014 the National Commission passed the order holding the doctor guilty for uninformed consent and imposed a fine of Rs.25000/- against my claim of Rs. 42,00,000/- which operating surgeon has not paid till date.

Here again the court has failed to consider the medical negligence part like, no pre-operative test, No MRI  of Spine before the operation in a known case of Spina Bifida, Incomplete Operation, not curing the loss of sensation caused because of spinal analgesia before discharge, long term complication of Suprapubic catheter. It has not taken pains to appoint a panel of doctors to go through the papers and find out whether the doctor is right or not, or to check the patient’s health condition. By simply saying that the complainant is trying to paint false picture is not right on the part of the judges.  

The National Consumer Disputes Redressal Commission has overlooked the Supreme Court’s guidelines that once the final argument is over no further proceedings are held only the judgment is to be pronounced as held in “RABIYA BI KASIM VS COUNTRY WIDE FINANCE”.

I filed the Review Petition No. RA-224-2014 as the doctor had appeared and was heard by the judges next day after final arguments were over and the case was reserved for judgment. The court did not accept my petition and dismissed my Review Petition.

I further appealed to Supreme Court vide SLP No. 8440-8441 in April 2015, the SLP was heard on 1^st July 2015, the judges Justice Mr. Deepak Mishra and Justice Mr. Praful Panth hardly gave 30 seconds to explain the entire case, before completely listening to my counsel they dismissed the SLP  on 1^st July 2015.

My review petition in the above matter was also dismissed on 15^th December 2015. The Hon’ble Supreme Court has over ruled their own guidelines given in “RABIYA BI KASIM VS COUNTRY WIDE FINANCE”.

All the courts from State Commission to Supreme Court has not given justice to me.

Where is the justice in India for Medical Negligence Victims?