consumer act on medical profession for untreatment
narasaiah sunkara
(Querist) 08 September 2011
This query is : Resolved
Dear sir,
This is in consumer act on doctor who has not careful in treating timely with patient diseases.
Iam known diabetic and treated by the doctor for several years with one type of medicines and even if side effects have come he does not change medicaton as per side effects that are told in the history when I go medical check up for yearly .then in these conditions one thing is happened by stopping one medicine i.e;aspirin usage for 3 days as per his advice to stop for 5 days for operation of skin allergy for this whether doctor is responsible under consumer law act and to take to court of law as my health is spoiled due to stopping of aspirin tablet for 3 days and which has given chest pain in the heart and angiogram and other expenses occured due to his negligence of duty.kindly suggest better advice for loss of my life which leads to heart operation now at this time .
M/s. Y-not legal services
(Expert) 08 September 2011
Doctor can sue by under consumer protection act. If any negligence caused by any doctor mean these kind of problems covered under medical negligence.. But your case is something differ from medical negligence. Human can get allergic or chest pain in so many ways. How can you proof that by that stoppage of two days tablets only you got problems?
Sailesh Kumar Shah
(Expert) 08 September 2011
Recently, the Supreme Court ruling that Doctor cannot be held liable for negligence merely because a better alternative course or method of treatment was also available or simply because a more skilled doctor would not have chosen to follow or resort to that practice or procedure.
In your case, it is seems that there is no negligence.
adv. rajeev ( rajoo )
(Expert) 08 September 2011
Your case doesn't come the consumer protection act, he had advised you to stop the aspirin to avoid the skin allergy. I think it is not a wrong advise.
prabhakar singh
(Expert) 08 September 2011
All modern medicines have ever resulted not in curing but in resulting side effects.
They invent and put it in market,let it to be used, then survey and when found resulting serious side effects they ban their sale in west but continue to market on in east.About medicines a pharmacist is more adept to speak from whom these doctors listen and use on us.
As Expert : Shailesh Kr. Shah says you do not have redress in this case.
