ORDER

21 .06.2018    

S.K. SINHA, PRESIDENT

                                             This appeal is against the order dismissing the complaint alleging medical negligence against the opposite parties.

         The complainant alleges that his wife having headache consulted the opposite party on 25.05.2014. X-ray of the head was done and prescribed certain medicine including the medicine namely “Regatol 200 mg”. It is further alleged that after taking the said medicine it caused adverse reaction and her physical agony increased. The opposite party was again consulted on 10.06.2014 who advised to continue medicine as such he took his wife to Patna Medical College and Hospital where she died in course of treatment on 23.06.2014. The complainant alleged that due to the negligence of the opposite party his wife died as claimed for compensation and filed complaint. The opposite party denied the allegations. It was stated that the wife of the complainant consulted the opposite party on 25.05.2014 with various complaints including headache and pain in abdomen including lack of sleep, which was suffering for last seven years. The opposite party advised the required the medical tests and after considering those reports prescribed medicine to be taken. Again on 10.06.2014 opposite party was consulted and considering the complaint and on examination of patient and other clinical examination advise of medicine as record in the prescription thereafter neither the complainant nor the patient came back and the reported the condition of the patient. The complainant although was referred to PMCH or IGIMS, Patna but the complainant did not take the patient to the above hospital but on his own got her treated at Sai hospital, Patna where her condition detoriated at last the patient was brought PMCH where the patient died at outdoor. This apart it was stated that the complainant is not a consumer and such complaint be dismissed on this score as well.

              The District Forum considering the case of the parties in detail and upon analyzing the allegations and the reply as also the oral evidence brought on record by both sides did not find any evidence on record that due to administering of the medicine Regatol, the wife of the complainant died. The report issued by the Patna Medical College in the department of professor of medicine by Dr. Prabhakar Kumar Verma as per its letter 30 dated 27.07.2016 reported that there is no reported evidence of reaction in Thereptic doze. Apart from the above report upon examining the documents in detail with respect to the treatment of the wife of the complainant nowhere it is indicated or mentioned that the death of the patient was due to taking Regatol medicine. Accordingly dismissed the complaint.

         The learned counsel for the appellant although admits that there is no medical expert opinion either annexed with the complaint or brought on record before the District Forum in the complaint case suggesting the administration of Regatol medicine causing death of the wife of the complainant. It is however submitted what documents already on record as also the copy of the medical literature is sufficient to hold medical negligence. We do not find any document worth accepting to hold medical negligence on the part of the doctor. The professor of the PMCH as referred to the above also does not support the complaint. In view of above, we are of the opinion that the District Forum has considered the matter in correct perspective while dismissing complaint. We do not find any reason to admit this appeal. It is accordingly dismissed at the admission stage.

 Renu Sinha                                                                       (S.K. Sinha)

 Member (F)                                                                         President             

           Agam