Gujarat State Consumer Disputes Redressal Commission on 16th September, 2021.
“Normally biomaterials like eye lenses, stent, plates, pacemaker, etc. are purchased by the hospital / doctor because patient being a layman does not have knowledge about the quality of such biomaterials”. “In the present case hospital’s retail invoice shows that the implant was purchased by them. Furthermore invoice issued is in the name of the hospital and therefore there is no contract between the patient and plates manufacturer. Hence the patient is entitled to get the compensation from hospital as they have purchased the plate that was implanted”. case:- The patient met with a serious road accident but thankfully escaped only with fractures in left hand. He approached a hospital where the orthopedic surgeons implanted a plate and discharged him the next day. Five months later he experienced sharp pain and rushed to the doctors. The plate was broken and the patient was advised another minor operation to implant a new plate. But he chose otherwise and visited a hospital where another orthopedic surgeon performed bone grafting and implanted a new plate. Clearly unhappy with first operation, the patient sued orthopedic surgeons and claimed that the plate broke without any external force which established that they were negligent in implanting a low quality plate. The orthopedic surgeons stated in defense that the post-operative X-ray clearly showed that the plate was properly fixed and it was in good union. The hospital, strangely enough, claimed in defense that the plate was purchased by the patient!
The Commission perused medical records, including invoice of the plate and stated above decree
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