The Concerned Authority , Infency Helth ... vs Mr. Kala Chand Sil on 10 February, 2016
The Learned Counsel for the Appellant has submitted that the Complainant chose Stem Cell Therapy after consultation with Dr. S. Paul. It is contended that the Complainant was verbally asked not to go for hair dye. It is submitted that the total sittings were 27 out of which the Complainant attended 19 sittings only. It is submitted that as the Complainant did not avail the remaining treatment he was not entitled to get any compensation. It is contended that the total amount was Rs.59,500/- out of which the Complainant paid Rs.55,000/-. It is submitted that the doctor at the OP Health Centre was a qualified person and no expert evidence was adduced by the Complainant to prove negligence. The Learned Counsel has referred to the decision reported in 2013 (4) CPR 88 (NC) [Rajiv Navath vs. Dr. Shajahan Yoosaf Sahib] wherein it has been held that a doctor is not guilty of negligence if he has acted in accordance with practice accepted as proper by a responsible body of medical men skilled in that particular art. The Learned Counsel for the Appellant has referred to the decision reported in 2014 (4) CPR 398 (NC) [P.C. Haridasan vs. Lourdes Hospital] wherein it has been held that allegation of medical negligence must be proved by cogent evidence.