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Consumer Forum Case

(Querist) 03 December 2009 This query is : Resolved 
Hi Experts,

I had this severe pain in my right hip joint and I showed it to an orthopedic Sargon. He suggested MRI. Which I got done, after looking at the MRI the doctor said I had some effusion (accumulation of puss) in my joint which needs to be aspirated (taken out). He aspirated my puss and sent it for culture and sensitivity in the pathology, and meanwhile started my treatment with ATT (Anti Tuberculosis Treatment). The Gram Staining report which was received immediately, suggested I did not have Tuberculosis, but still the ATT was started. After 6 weeks the report of culture also came up, which again suggested that there was "No Bacteria seen and there was no Growth of Bacteria". My severe pain was not subsiding at all, but my orthopedic surgeon kept insisting on tuberculosis. After 8 long months of continuously taking ATT and the pain still not subsiding, I showed my hip to another orthopedic, who suggested another MRI. After the second MRI report, second doctor said I had AVN (Avascular Necrosis) and not Bone TB.

Now, experts, I want to know if there is any such case which has been settled earlier. I would greatly appreciate if anyone could help me on this.

Thanking you in advance

Rajesh Khanna

Guest (Expert) 03 December 2009
Proving medical negligence at consumer forum is really very hard task. Lot of research work to be undertaken by you in this regard. Nowadays, consumer forum orders are available on net. The website address is WWW.CONFONET.NIC.IN

Refer to the above site for similar cases. It is also suggested to refer to supremecourt webtsite.
RADHA PYARI SRIPADA (Expert) 03 December 2009
Doctors proceed to diagnose on the basis of medical reports available at the relevant time. Findings may also change from time to time and accordingly, diagnosis and treatment also differs. Therefore, I feel, before drawing any adverse inferences about diagnosis and treatment, it is better to check medical literature available on net in abundance. You may directly ask the treating doctors why treatment for ATT is advised so that you may get some clue on what medical aspects you need to search the medical literature. So far as expert opinion / evidence to be adduced before the court, some courts are referring to experts themselves and some are seeking opinion of experts on payment of fees by the complainant to seek the same. Hence procedures vary from court to court. So firstly you satisfy yourself from literature / a doctor known to you before taking further steps in your case.

Raj Kumar Makkad (Expert) 03 December 2009
Khanna Ji! I have full sympathy towards you but sorry to say that now a days after the verdict of SC delievered in 2008, the cases of medical negligence are not being practically decided by consumer forums rather those are being decided by exprt octors. SC has held that immediately on receipt of any consumer complaint on medical negligence, the same be sent to MO of nearest Govt. hospital, who shall certify whether any negligence has been made or not. If report comes negative then complaint is dismissed at once. I am sufferer in 3 similar cases being an advocate recently. I have filed the appeals before State Consumer Commission wherein those are still pending.
Devajyoti Barman (Expert) 03 December 2009
Rightly replied by Mr. Makkad.
niranjan (Expert) 03 December 2009
you cannot get adverse opinion by another expert of the same field.pity.
joyce (Expert) 03 December 2009 u visit sir.

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