Chandigarh

DF-II

CC/939/2019

Renu Gulati - Complainant(s)

Versus

Dr. Anshu Gupta proprietor Advance Dental Care Center - Opp.Party(s)

Mrigank Sharma Adv.

10 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	939/2019
Date of Institution	:	13.09.2015
Date of Decision	:	10.11.2023

 

                     

            

Renu Gulati (since deceased) through her LRs:-

(a) Amit Gulati son Sh. R.R. Gulati, aged 70 years, resident of H. NO.1580, Sector 18-D, Chandigarh.

(b) Mohit Gulati, son of Sh. Amit Gulati, aged 38 years, resident of H. NO.1580, Sector 18-D, Chandigarh.

(c) Mahima Sehgal, wife of Sh. Rajat Sehgal, resident of House NO.1807, Sector 34-D, Chandigarh.

...Complainants

Versus

1. Dr. Anshu Gupta, Proprietor Advance Dental Care Center, # 20, 1st Floor, Sector 18-A, Chandigarh- 160018.

2. New India Insurance Company, 1 Floor, SCO No.91-92-93, Sector 34-A, Chandigarh through its Branch Manager.

…. Opposite Parties.

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
Present:-
	Sh.Mrigank Sharma, Counsel for the complainant Sh.Mukund Gupta, Counsel for OP No.1 Sh.Kapil Gupta, Counsel for OP No.2.

   

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.), LLM, PRESIDENT

1.     The complainant-Mrs.Renu Gulati, now deceased represented by her LRs, has filed the present complaint pleading therein that she is suffering from non Hodgkin’s Follicular Lymphoma which was diagnosed in the year 2005 and has gone through three cycles of chemotherapy and on account of old age and other factors, she lost her teeth. The complainant was lured by OP No.1 wherein it proclaimed that they are an expert institution for dental implants. OP No.1 assured the complainant that the proper dental implants shall be fixed without any complication inspite of the fact that OP No.1 was informed that the complainant was suffering from Lymphoma and low blood platelets.  The complainant was assured that her treatment of lymphoma has no concern with the dental implants as the operation shall be conducted via laser and no blood loss shall take place.  The complainant visited OP No.1 in February, 2017 and denta scan was got conducted from Atulya Health Care on 13.02.2017. It has been averred that OP No.1, from day one, never gave any prescription receipt or any sort of bill for the payment.  The complainant was only given three prescription (Annexure C-1 (Colly.). The implants were ordered after taking full amount and their brand or make was never disclosed.  The first two implants which were planted failed and while doing so tremendous pain and blood loss was caused. OP No.1 casually brushed aside the complaints of pain and blood oozing out of the mouth of the complainant saying that it is a normal process.  Once again the implants were replaced in the same reason on 01.08.2017 after implanting them for the first time just two weeks back on 14.07.2018.  Second set of implants also failed causing once again utter pain, shock and loss of blood. The complainant got herself checked one again from Atulya Health Care for Denta Scan dated 01.05.2018 (Annexure C-2).  OP No.1 again installed third implant in the same area on 05.05.2018 which also failed miserably leaving the front three teeth of the complainant without any structure. After the third implant operation, the bleeding never stop and OP No.1 was called again however, she refused to open the clinic being a Sunday and directed her associate to treat the complainant.  During the treatment starting from Feb. 2017 till May, 2018, she was not able to eat anything solid and was kept on liquid diet with blood oozing out of her mouth and was having ulcers in the dental area specifically gums. Finally, the complainant visited Govt. Hospital, Sector 25, Chandigarh who asked for previous record of the complainant. On her persistent requests, OP No.1 gave the discharge dated 24.05.2019 in which they admitted that the implants were unsuccessful, denying any lapse on their part.  The complainant started her treatment with the Government Hospital and in the OPD card, it was clearly mentioned that the previous record was not complete and were not sufficient to disclose as to which company implant have been installed unsuccessfully.  It has further been averred that during her treatment, she lost more than 10 kgs weight though no chemotherapy was going on further there was weakness in the nerves. Further due to consistent blood loss and pain in the dental area, the patient become disoriented and had a fall on 08.04.2019 leading to head injury which diagnosed to be brain haemorrhage and had to be admitted in Max ICU from 17.04.2019 to 04.05.2019. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking directions to the OPs to make the payment of Rs.35,000/- i.e. refund of the fee paid to OP No.1, compensation for pain and suffering as well as litigation expenses.
2.     After service of notice upon OP No.1-Dr.Anshu Gupta appeared before this Commission through her Counsel and filed the written version stating therein that OP No.1 is a well qualified dental doctor having post graduate degree from PGIMER, Chandigarh and vast experience in Dental Implants and has given the medical treatment to the best of her ability as per medical science. It has further been stated that the patient- Mrs.Renu Gulati had multiple missing teeth on the left side of upper jaw and she was given the option for placement of either removable partial denture (RPD) to which she refused to accept, therefore she was advised for Dental Implants on the left side of upper jaw where multiple teeth were missing and she was advised 3 Dental Implants. She was explained in detail the procedure, complications and success rate of Dental Implants which was to be done surgically. Three Dental Implants were done with five unit fix screw retained PFM bridge has been affixed on three Dental Implants on the left upper jaw of the complainant and all the medical treatment has been done in very hygienic atmosphere and the process was completed by November 2018 and thereafter the she never visited with any complaint except filing the present complaint in September 2019.  It has further been stated that OP No.1 gave medical treatment to the complainant to the best of her ability according to the medical science and as on today as per prescription Annexure C-4 given by the Punjab University, Chandigarh H.S. Judge Institute of Dental Science and Hospital, Sector 25, Chandigarh the Complainant had these Dental Implants on the upper left jaw intact with bridge of five teeth, therefore, there is no medical negligence in giving treatment to the complainant.  It has further been stated that expenses of more than Rs.95,000/- were incurred but the complainant paid only Rs.35,000/- and she still owes more than Rs.60,000/- to OP No.1 towards dental treatment. It has further been stated that there is neither any medical negligence on the part of OP No.1 giving the complainant treatment for Dental Implants nor the complainant has produced any medical evidence to prove that due to Dental Implants the complainant suffered the Brain Hemorrhage. It has further been stated that there is no relation of brain hemorrhage with the treatment with Dental Implants. As per medical science, the success rate of the dental implant is not 100% as shown in the medical literature. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on the part of OP No.1, a prayer for dismissal of the complaint has been made.
3.     In its written version, OP No.2 has stated that Dr.Anshu Gupta (OP No.1) purchased Professional Indemnity Insurance Policy No.350200/36/16/04/00000015 valid w.e.f 11.07.2016 to 10.07.2017, Policy No.350200/36/17/04/00000019 valid w.e.f. 11.07.2017 to 10.07.2018, Policy No.350200/36/18/04/00000030 valid w.e.f 11.07.2018 to 10.07.2019 for Indemnity Limit of Rs. 10 lakhs (AOA) and Policy No. 350200/36/19/04/00000017 valid w.e.f. 11.07.2019 to 10.07.2020 for Indemnity Limit of Rs. 15 lakhs (AOA) and in all the aforesaid policies, Dr. Anshu Gupta was insured having address of business premises at House No.1447, Sector 61, Mohali whereas the complainant in her complaint alleged that she got treatment at Advanced Dental Care Centre, #20, 1" floor, Sector 18-A, Chandigarh which was not insured as such they are not liable to indemnify OP No.1. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, OP No.2 prayed for dismissal of the complaint qua it.
4.     The parties filed their respective affidavits and documents in support of their case.
5.     We have heard the Counsel for the contesting parties  and have gone through the documents on record including written submissions.
6.     The only issue involved in the present case is whether there is any medical negligence/deficiency in service on the part OP No.1 while treating the patient-Renu Gulati for dental implants or not.
7.     In order to find out answer to the above mentioned issue, it is necessary to discuss the following facts and circumstances of the case.
8.     Admittedly, the complainant-Renu Gulati, now deceased represented by her LRs took treatment from OP No.1-Dr.Anshu Gupta for Dental Implants on the left side of upper jaw where multiple teeth were missing and she was advised 3 Dental Implants, which started from February 2017 and completed on 05.05.2018 and the final bridge of five teeth were fixed on the dental implants in November, 2018. 
9.     From the documents available on file, it is observed that in the present complaint, OP No.1-Dr.Anshu Gupta did not perform her professional duties/obligations on the admission of the patient by forewarning the patient-Mrs.Renu Gulati about the complications which may arise during the treatment due to her old age and previous diseases from which she was suffering. There is nothing on record which shows that OP No.1-Dr.Anshu Gupta had made the patient-Mrs.Renu Gulati aware about the complications which the complainant may suffer during her treatment.
10.     It is further observed that OP No.1-Dr.Anshu Gupta did not take the written consent of the patient-Mrs.Renu Gulati while treating for dental implants.  It is mandatory for the doctors to take written consent of the patients prior to any operation/surgery etc. which might result into any complication due to their old age or previous diseases suffered by them. Hence, the patient’s written consent is necessary and mandatory to be obtained by the doctor which in the instant complaint has not been obtained by the OP No.1-Dr.Anshu Gupta, which amounts to deficiency in service on her part for which the complainant is entitled to be compensated.
11.         In view of the above discussion, the present complaint deserves to be partly allowed and the same is accordingly partly allowed. The OPs are directed to refund the amount of Rs.35,000/-, charged from the patient-Mrs.Renu Gulati to the legal heirs of the complainant in equal shares.
12.      This order be complied with by the OPs jointly and severally within 90 days from the date of receipt of its certified copy.
13.     The pending application(s) if any, stands disposed of accordingly.
14.     Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission 10/11/2023
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (B.M.SHARMA) MEMBER