B.U.M.S Doctor was fined Rs.15 lakhs for prescribing Allopathy Medicines

medical negligence

Court clarify that if Doctor has a degree in one particular branch of medicine, cannot possibly, claim complete knowledge about the drugs of the other branch of medicine.

The National Consumer Disputes Redressal Commission has observed while allowing the Complaint thereby imposing compensation of 15 lakhs on a B.U.M.S Doctor (an Unani branch of medicine ) for not giving proper treatment to the patient which affected, adversely, on the health of the patient.
Case in summary:-

1. The daughter of the Complainant, Kumari Sarita, was taken to the opponent doctor as she developed a boil on her chin.

2. The Doctor gave her four white and four pink tablets. Ku. Sarita developed rashes and itching after taking tablets and therefore the Doctor gave her (Paracetamol and Brufen and Avil, 1cc and Dexamethasone 1cc ) injection on her right side waist and gave ointment for application and some more medicines.

3. After taking those tablets, Kumari Sarita developed stomach ache and had a fever and there was swelling at the part on which the injection was given. The cream was applied to Kumari Sarita’s legs and waist but the swelling increased.
But unfortunately, Kumari Sarita was again taken to the same Doctor who prescribed her more medicines and after taking those medicines, Kumari Sarita suffered from vomiting, diarrhea, and pain in abdomen and legs and fever !!!!!.

4. After trying all the experiments of medicine, The Doctor advised for a Blood test and told the father of Sarita that she had developed an infection and lastly admitted to Cardinal Gracia’s Memorial Hospital at Vasai and so that her condition could be controlled.

5. The opponent Doctor rejected the allegations of improper treatment. He produced Medical Professional Degree of B.U.M.S of Pune University and he was registered under the Maharashtra Medical Practitioners’ Act, 1961. The Majority State Commission was of the view that he was only allowed to practice Unani and not allopathy !!

Held :
The National Commission came to the conclusion that the Doctor was negligent in treating the patient and there is no evidence on record that the petitioner was a qualified Doctor for skin diseases.
The Commission finally observed as the person who is authorized to practice under Indian Medicine Central Council Act, 1970, is not all entitled and is not authorized to prescribe medicines, under the Indian Medical Council Act, 1956.

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