BIBEKANANDA PANIGRAHI Vs. PRIME HOSPITALS LTD. AND ORS.

JUDGEMENT

(1.) "The doctor/patient relationship is at a crossroads. Some patients want the doctor calling all the shots, deciding the best treatment path to follow. Patients miss the trust and warmth found in the personal bond with a caring, competent physician. Boundaries in the doctor-patient relationship is an important concept to help health professionals navigate the complex and sometimes difficult experience between patient and doctor where intimacy and power must be balanced in the direction of benefiting patients."

(2.) Hence, the complainant filed a complaint before the State Commission and prayed for compensation of Rs.26,50,000/- from the OPs. The State Commission dismissed the complaint. Hence, the complainant approached this Commission by way of this first appeal.

(3.) We have heard learned counsel for both the parties. Learned counsel for the complainant vehemently argued that the patient had appendicitis, which could be treated by medicines. The operation was not performed properly by the OP-2. Therefore, the patient developed fecal fistula, subsequently suffered septicemia and thereafter passed away. It was total negligence on the part of OPs.