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 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 pet dog at her left breast. In the absence of such evidence, version of 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 that 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.