Claim for compensation in case of medical negligence
3 years ago
i had a dental treatment 2 years ago. The doctor told me RCT is needed so i went ahead with the procedure. She did RCT + Zirconia capping (with 5 years warranty card) and charged me Rs6000. Now before lockdown, the same tooth started to pain. I called her in February 2020, to book an appointment but she said the clinic is closed and she'll call me when it'll open. I was afraid to go outside due to COVID-19. On 10th August 2020, i went to CLOVE as the pain was getting worse. At CLOVE the doctor told me that there is a crack at the bottom of the cap and size of the cap was smaller than the crown of the tooth which created a gap between them. Food particles stuck in that gap and through the crack causing decay and ultimately infection in that tooth. I was also told the capping was NOT ZIRCONIA instead a cheap one. In X-Ray, it was found out NO RCT WAS DONE by the doctor. I don't have any receipt of the payment made to that doctor. i only have the WARRANTY CARD. I want to file a case in Consumer Forum of medical negligence, due to which i had to loose my premolar tooth. What are my chances of winning and procedure? Please guide me.
9. My client further instructed me to state that you are liable to answer the above charge due to your negligence under the provisions of Dental Council of India (Code of Ethics) Regulations framed under the Dentists Act, the relevant passage is as follows:
“CHAPTER 7
9 PUNISHMENTS AND DISCIPLINARY ACTIONS
A Dental Surgeon shall not aid or abet or commit any acts which shall be
construed as unethical…..
9.5 During the pendency of the complaint the appropriate Council may
restrain the Dental Surgeon from performing the procedure or
practice which is under scrutiny….”
My client further instructed me to state that, you are hereby given statutory notice of 15 days to compensate my client’s claim amount of Rs 15,00,000/- [ Rupees Fifteen Lakhs only ] andif any amount found failing which my client will be suitably advised to approach Hon’ble Civil and Criminal Courts for appropriate action against you, which you have to note.
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