Consumer isn't king

2008: Over 100 cases of medical negligence registered. 2009: Just one filed yesterday; minute technicalities in filing such cases make sure that...

2008: Over 100 cases of medical negligence registered. 2009: Just oneu00a0 filed yesterday; minute technicalities in filing such cases make sure that...

Last year, around 100 cases of medical negligence were registered with the Central Consumer Forum. But withu00a0 half the year already gone by, 2009's first case was filed only yesterday.

A man from Beed has filed a case against Jaslok Hospital for a botched angioplasty. But this massive drop in number, say consumer lawyers, has nothing to do with better medical care in the country.

Awaiting Justice: Despite spending Rs 2.58 lakh for a hip joint surgery at Wockhardt Hospital, Pawan Sahu's ailment was not corrected.

"The reason behind fewer registrations of medical negligence cases is the technicalities that have been introduced by the Supreme Court this year.

The court had ruled that an expert's opinion has to be submitted while filing the case. But who is an expert? Anybody can claim to be an expert.

This makes it difficult for the complainant to file his case," said consumer lawyer Anand Patwardhan.

Three-year wait

And the fact that it sometimes takes years for patients to get justice discourages them from coming forward.

One such case is that of 58-year-old Pawan Sahu, who has been awaiting justice for three years. Sahu had a hip joint operation at Wockhardt Hospital in Mulund in June 2005 at a cost of Rs 2.58 lakh.

But when the pain didn't subside for a year, he had to shell out even more to correct it at another hospital. Dissatisfied with Wockhardt Hospital, Sahu dragged it to the consumer court.

The case has been allotted various dates this year because of the new expert's opinion clause.
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"I lost my job because of the faulty hip joint operation. This changed my lifestyle completely, but I will continue to fight," said Sahu.

The spokesperson of Wockhardt Hospital refused to comment on the case saying it was sub-judice.

Biggest Payout

The biggest penalty ever on grounds of medical negligence in India Rs 1 crore was given to Prashant S Dhananka in 1990.

The Supreme Court had ordered Nizam's Institute of Medical Sciences in Hyderabad to pay Dhananka after it had removed a tumour in his brain without a neurosurgeon's advice.

After the operation, Dhananka was paralysed from the waist down.

More Delays

The Consumer Protection Act states that justice should be delivered in a case 90 days after it is registered. But practically it takes about one month for a consumer case to even start proceedings.