The Mumbai District Consumer Forum at Bandra, in an order on November 5, said the complainant had failed to prove the charge of medical negligence and accepted the argument of doctors that the actress' dog was responsible for the injury that occurred after a breast enhancement surgery.
"In this case, the complainant has not adduced the evidence of any professional. Not only that, she has also not filed her affidavit of evidence to deny averments in the written version of defence and entry in the case papers about the jumping of the pet dog at her left breast. In the absence of such evidence, the version of the opposite side has virtually remained unrebutted", noted President J L Deshpande and member D S Bidnurkar.
The forum, while throwing out the actress' claim, said the event was unforseen and was not attributable to negligence on the part of the doctors and the nursing home.
In 2008, the complainant had approached the Bhargava Nursing Home for breast enhancement surgery, which was performed by Dr Sandeep Sharma and Dr A S Bali Singh on February 14 and she was discharged on the same day. However, on March 5, she came back and complained of pain in her breast and insomnia.
After examination, the doctors told her that one of the silicone implants was not inserted in the proper area and advised that it be removed. The implant was exposed as the stitch had come loose and fluid was oozing out. Dr Bali Singh then removed the implant.
According to the complainant, the doctors were negligent in performing the surgery due to which she had to suffer physical and mental trauma. Besides, she said, a huge amount spent by her had gone waste because ultimately implants had to be removed.
Dr Sharma contended the surgery was performed by him carefully and the best quality of imported implants were used.
In his defence, the doctor said the actress had returned a couple of days after the procedure and said her pet dog had jumped on her injuring her breast and sought the implants to be removed.
The nursing home, which claimed it was well equipped, said the complainant had not deposited Rs one lakh as alleged by her but only sums of Rs 17,785 and Rs 14,580.
Both doctors as well as the nursing home denied allegations of medical negligence and claimed the standard protocol was followed. The procedure to remove the implant due to haematoma was required on account of unforeseen event of a pet dog jumping on the complainant, they said and alleged the complaint was filed to extract money from them.
The forum observed the story about the dog jumping on the actress could not be false because had it been so, the complainant would have responded by filing a rejoinder, which she did not, and also chose to remain absent from the court.
The forum also relied on the version of other doctors and experts that the breast implant surgery had been performed correctly.