Dear Readers,
As always it is a pleasure for me to share the development of law in this sphere of medical negligence cases. In this issue I wish to share with you of the judicial trend both decided against the doctors and in favour of the doctors in the recent past and which will give you an overview of the march of law of medical negligence.
Illustrative Cases decided against the Doctors
- This was a case where hysterectomy was conducted on a patient while the patient was suffering from typhoid fever and in the given facts and circumstances the negligence in treatment was proved, more particularly, because the hospital records were inadequate, for which even the Hon’ble National Consumer Disputes Redressal Commission has imposed punitive cost. NJ Karnavat (Dr.) Vs. Patel Ishwarlal Mangallal – I (2015) CPJ – 161 (NC).
- This was a case where an Ayurvedic Doctor administered allopathic treatment, holding it to be quackery because transgression into other branches of medicines by a doctor would tantamount to unfair trade practice, the doctor has been held to be guilty by the Hon’ble National Consumer Disputes Redressal Commission in the case of Harish Bhai & Others Vs. Dr. D.C. Gohil – I (2015) CPJ – 231 (NC).
- This was a case where a doctor committed negligence in treatment of patient by not checking her anticoagulation time and other parameters on regular basis and also was found to be negligent in discharging the patient despite the fact that the blood was still oozing from venous sheath at the time of the discharge, it has been held by the Hon’ble National Consumer Disputes Redressal Commission that the doctor was accordingly negligent for the above deficiencies and a compensation has been awarded against the doctor . Convenient Hospital Limited Vs. Shankerlal and Others – I (2015) CPJ – 134 (NC).
Illustrative Cases decided in favour of the Doctors
- This was a case where medical negligence has been alleged against the doctor in the case of Thalassemia baby and that HBA – II was not conducted prior to pregnancy. While rejecting the contention and allegation of the consumer / patient the Hon’ble National Consumer Disputes Redressal Commission has held that in a routine pregnancy, routine investigations are performed as per standard norms. The patient never mentioned any previous history of any abnormal genetic disease to warrant any test to diagnose Thalassemia . Therefore negligence not proved. Kanishka Vs. Dr. Vibha Dua – I (2015) CPJ – 27 (NC).
- This was a case where the patient underwent lithotripsy, allegation of medical negligence was based on the ground that as a result of the said treatment swelling of entire body and difficulty in passing urine was due to negligence of the doctor. While rejecting the contention of the patient, in this landmark judgement the Hon’ble National Consumer Disputes Redressal Commission has been pleased to hold that just because a person suffers bad outcome from treatment, it does not mean that the patient has any automatic right to sue for compensation. Medical error is only considered as negligence if the Health Care practitioner has failed to take reasonable care and not otherwise. Chand Kishore Rajput Vs. Sood Stone Clinic (Hospital) – I (2015) CPJ – 101 (NC).
Manish Mehrotra, Advocate |
