Ayurvedic doctor penalised for giving allopathic medicine that led to a patient’s death  

May 16, 2012

The National Consumer Commission, while upholding State Consumer Forum’s decision, questioned why an Ayurvedic practitioner administered allopathic medicines without any knowledge of the same

Moneylife Digital Team

The National Consumer Disputes Redressal Commission (NCDRC) while dismissing a revision petition filed by Mumbai-based ayurvedic practitioner Dr RR Singh, upheld the decision of the state forum which found him guilty of medical negligence for administrating allopathic medicine leading to patient's death. The state forum had ordered the doctor to pay Rs7 lakh as compensation to patient's widow.

The NCDRC, while hearing the case, specifically dealt with the question as to what is the effect of a medical practitioner, who is an ayurveda practitioner, but treats the patient in the allopathic stream?

According to the complainant, Pratibha Gamare, a resident of Mumbai, on 20 August 2004, and her husband Panddurang Gamare approached Dr Singh for the pain below the waist in both legs. Dr Singh, an ayurvedic medicine practitioner, informed them that Mr Gamare's illness was of serious nature and he may suffer a paralysis attack. After paying Rs2,700 for some tests and medicine, Mr Gamare was admitted in Dr Singh's clinic. He was left under the care of the compounder. However, during the night, Mr Gamare's condition deteriorated and despite repeated request to call the doctor, the compounder did not call him and instead gave saline and medicine as prescribed by the doctor. Mr Gamare died immediately.

Consequently, Ms Gamare, widow of Mr Gamare, lodged a police complaint, and Dr Singh was convicted by the Sessions Court under Section 33 of the Maharashtra Medical Practitioner Act, 1961, which debars doctors dealing in ayurveda from indulging in prescribing allopathic drugs. Later he was released on probation and was ordered to pay Rs25,000 as compensation to her.

Later, Ms Gamare filed a complaint with the District Consumer Forum. However, the complaint was dismissed. She then appealed to the State Commission, which reversed the order of the District Forum and directed Dr Singh to pay a compensation of Rs7 lakh.
 
Aggrieved with the decision, Dr Singh filed a revision petition at NCDRC. His counsel, citing the post-mortem report, argued that Mr Gamare died due to a heart attack. He also argued that the Sessions Court had acquitted him for an offence under Section 304 part II, Indian Penal Code.  

However, the National Forum observed that considering the alarming condition of Mr Gamare, Dr Singh should not have admitted him in his clinic. "He (Dr Singh) should have advised the patient to move to some renowned hospital. It is difficult to fathom as to how and why drugs like Betnesol, Decadron & Neurobion were prescribed without consulting any allopathic doctor. It is difficult to understand as to how the petitioner switched over to allopathy without any knowledge of the same."

Dismissing Dr Singh's petition, the bench, comprising members JM Malik and Suresh Chandra of NCDRC said that, "the state commission rightly held that the petitioner is guilty of deficiency in service and the amount granted by it in the sum of Rs7 lakh appears to be just and reasonable."