The West Bengal State Commission, led by Justice Manojit Mandal, has ruled that a doctor was negligent and deficient in service for not obtaining written consent from a patient before commencing treatment.
Case Background
The complainant’s father took his daughter to the doctor for treatment of her uneven and protruding upper teeth. They later discovered that the doctor was not an orthodontist, the specialist qualified for such treatments. The doctor began the treatment without following standard procedures, such as x-rays and dental moulds, which an orthodontist would have done. The District Commission found the doctor negligent and ordered him to pay Rs. 3,00,000 in compensation within 45 days. The doctor appealed this decision to the State Commission.
Doctor’s Défense
The doctor argued that he had fully informed the patient’s father about the treatment plan and that the complainants had discontinued treatment with him. He contended that the four ‘D’s of medical negligence (duty of care, dereliction of duty, direct causation, and damages) were not proven. He also claimed that orthodontic procedures fall within the scope of a Bachelor of Dentistry, which he possessed, and thus there was no negligence on his part.
Commission’s Observations
The State Commission noted that the doctor did not obtain written consent before starting the treatment, a requirement under the Indian Medical Council Act, 1956. This omission was deemed as gross negligence. The complainant’s representative pointed out that no x-rays were taken before the treatment, which is crucial for understanding the patient’s dental structure. The Commission also highlighted that the doctor, a BDS dentist, provided orthodontic treatment without the necessary qualifications, violating standards set by the Dental Council of India.
Referencing the case of Nizam Institute of Medical Sciences vs. Prashanth S. Dhanuka, the Commission emphasized that once a case of negligence is established, the burden shifts to the respondent to disprove it. The Commission found clear evidence of medical negligence and deficiency in service by the doctor and upheld the decision of the District Commission, dismissing the appeal.
Case Title: Dr. Prasenjit Das Vs. Smt. Aditi Sarkar (Minor)
Case Number: F.A. No. A/328/2022