Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     19 February 2010

Supreme Court of India on Medical Negligance on 10.02.2010



2010 SCCL.COM 97(Case No: Civil Appeal No.1385 of 2001)
Kusum Sharma & Others Appellant(s) versus Batra Hospital & Medical Research Centre & Others Respondent(s)
Date of Decision(mm/dd/yy): 2/10/2010.
Judge(s): Hon'ble Mr. Justice Dalveer Bhandari and Hon'ble Mr. Justice Harjit Singh Bedi.
Subject Index: Compensation claim — for deficiency in service and medical negligence in the treatment of the deceased — surgical operation performed upon the patient/deceased by the respondent no. 3 for the removal of abdominal tumor and two bags were fitted to drain out the fluids — condition of the patient deteriorated and he consulted another hospital at Jodhpur where he was diagnosed with having post-operative complications of Adrenoloctomy and Glutteal abscess which resulted to his death — after viewing the medical literature and the evidence of eminent doctors of AIIMS, the National Commission dismissed the complaint — appeal — after the discharge of the deceased/patient from the hospital the doctors specifically advised him "Regular Medical Follow Up" which the deceased failed to attend — the damage to the pancreas was repaired immediately with interrupted non-absorbable sutures and drains were placed — respondent no.3 who performed the operation had reasonable degree of skill and knowledge — this Court observed that as long as the doctors have performed their duties and exercised an ordinary degree of professional skill and competence, they cannot be held guilty of medical negligence — held no interference to the orders of the National Commission in dismissing the complaint of the appellants — appeal dismissed with costs.



Learning

 17 Replies

Parthasarathi Loganathan (Advocate)     19 February 2010

Under similar circumstances, what would be the position of patients when they solely believe the expertise of doctors for treatment of ailments.  I will narrate my own case. During the year 1982, my mother(who also happened to belong to medical profession as my father was also a Govt doctor) got operated for Hystrectomy (removal of uterus).  The operation was successful as these Medics claimed and after three days my mother died and the cause of death was tagged as "Post of Operative Tetanus". Since my father was in service he hestitated not to legally fight against the Govt. This was a news item appeared in the front page of 'THE HINDU"  We lost our mother when we were school going kids.  What is the redressal.  How the courts will act or advocates handle the case if it is posted now.  We have all medical records.

1 Like

Bhartiya No. 1 (Nationalist)     20 February 2010

This will boost the morale of rouge, rough mediocre and erring doctors. In this profession no such people allowed to enter. Entry should be strict as well as tolerane level, in this field it should be zero tolerance. One should not be allowed to play with the life of others. My father too is retd. Chief Medical Officer and is a very good surgeon. But unfortunately my loving mother killed virtually by the negligent, devil doctors.

No one should be allowed to take this as carreer and minting money. Standard should be set, below that no one should be allowed to even practice.

DR.SANAT KUMAR DASH (Eye Specialist)     22 February 2010

A   DOCTOR    NEVER    KILL    HIS   PATIENT.    IT   IS   THE   GOD'S   GIFT    THAT   ONE  FELLOW   IS   A   DOCTOR.   HE  TRIES    HIS  LEVEL    BEST  TO   CURE.   SO    NO  MEDICAL  NEGLIGENCE.

Parthasarathi Loganathan (Advocate)     22 February 2010

Dr. Sanat will surely change this logic once when he himself becomes a victim.  How many doctors are involved in Charity and Samaritan activities with the sole intention to cure.  We find medical negligences when patients loose eye sight even in Free Medical Camps which are purely organised to pick up prospective patients only to drag them to their private clinics with false complications

1 Like

Bhartiya No. 1 (Nationalist)     22 February 2010

Yes, medical profession has become comercialized. Nurses of govt. hospitals too have become rude and indifferent.

sibasish pattanayak (lawyer)     23 February 2010

DR. SANAT,WHAT U SAY WHEN A PATIENT ADVISED TO TAKE ADMISSION FOR d&e only. DURING D & E hysterectomy , removal of right ureter, damages of bladder. THEN pt party contacted with CMC VELLORE...ILLEAL REPLCEMENT DONE THERE. VICTIM FILED MED. NEGLIGENCE CASE. dr. contested.>>>>>>>>>interpolated / forged consent form BY 2 WORDS  AFTER  D & E "HYSTERECTOMY,ETC."DR. & N/HOME ADMITTED. THEN victim filed a case against them under INDIAN PENAL CODE.

REGARDS. SIBASISH PATTANAYAK, ADVOCATE.

DR.SANAT KUMAR DASH (Eye Specialist)     23 February 2010

DEAR   SIBASISH,  THE  HISTORY  OF   THE   CASE   IS   IN   SHORT........PLEASE  ELABORATE.  WHY  SHE  HAD  UNDER  GONE  D&E.....WHAT  IS  HER  AGE??  .WHETHER  SHE   HAD  ANY   UTERINE  PROBLEM   OR  NOT??  THE  TREATING  DOCTOR  WAS    O&G  SPL   OR  SURGERY  SPL???? FROM    U'R     BRIEF   IT  IS   SURE   A   CASE  OF   MEDICAL  NEGLIGENCE   &   HE   SHOULD  BE  PUNISHED. 

DR.SANAT KUMAR DASH (Eye Specialist)     23 February 2010

MR.  ASUTOSH,   I  DON'T   AGREE   WITH  YOU.............MEDICAL   PROFESSION   HAS  NEVER  BECOME  COMMERCIALISED.     IT   HAS   NOT   COME   UNDER   THE   SALE   OF  GOODS  ACT.   NO    ONE   CAN   PURCHASE   LIFE   WHICH  IS   THE    PRECIOUS   GIFT   OF   GOD. ...........YOU   CAN   PURCHASE   MEDICINES    BUT   NOT   HEALTH........YOU   CAN  PURCHASE    BEDS   BUT    NOT   SLEEP.....YOU   CAN   PURCHASE   HOUSE   BUT  NOT   HOME.........

DR.SANAT KUMAR DASH (Eye Specialist)     23 February 2010

MR.  PARTHASARATHI,    IT    IS  NOT   LOGIC  AS   YOU   HAVE   SAID.   MEDICAL  PROFESSION    IS   A  NOBLE   ONE   THAT   NO BODY  CAN   DENY.     A   BOY  OR  GIRL   CAN  BE  ADMITTED  TO  MEDICAL  COLLEGE    &   COMES   OUT   AS   DOCTOR   AFTER   A  GOOD  NUMBER  OF  EXAMINATONS.    IF  YOUR    SON/ DAUGHTER  OR   RELATIVES   ARE   DOCTOR,   PLEASE   ENQUIRE   &  GET   CLARIFY.........IT   IS   TRUE  THAT   PATIENTS   LOST   THEIR   EYESIGHT   IN  MEDICAL  CAMPS.   ACTUALLY   IN  BHAGALPUR   JAIL  SCAM   NEARLY   70  TO  80    PEOPLE   LOST   THEIR  EYE SIGHT.    I   REQUEST    YOU  TO  GO   TO   THE   DEEP   &  ANALYSE    AND  DON'T   BE  SUPERFICIAL.   PLEASE  READ   THE  GOVT. OF  INDIA   GUIDELINES  REGARDING    FREE  MEDICAL   EYE  CAMPS.............EVERY  WHERE   INNOCENT  GETS  PUNISHMENT......YOU  MUST  HAVE   HEARD  BHOPAL   UNION  CARBIDE  SCAM.....DO  YOU  KNOW  HOW  MANY  LOST  THEIR  EYE  SIGHT???WHETHER   ANY   DOCTOR   WAS  NEGLIGENT..........IT   IS  MY   ADVICE   DON'T  GO   TO  A   DOCTOR.......WHY   ONE   SHOULD   GO????   LASTLY  I  SAY   THERE   IS    ONLY     TWO   NOBLE   PROFESSIONS   ( 1)  MEDICAL  ( 2 )  LAW.     LONG   LIVE   MY     MEDICAL    AND  LEGAL   PROFESSIONS.........

Parthasarathi Loganathan (Advocate)     23 February 2010

Mr.Sanath... I understand your passion towards your medical profession. The defence stated by you falls under minority.  Yes, medical professionals are the hand-picked souls of the Almighty.  But in reality, gone are the days when doctors used to attach utmost dedication and sacrifce towards their profession.  Since my parents too belong to medical profession, I can concur with your version after watching them in the closest quarters.  There were even number of days that my father never had the the opporutnity to even see my mother as both were professionally sincere and hardworking to the core even sacrificing all their basic essentials for the sake of their patients. It is not the question of theoritically passing out medical subjects for the sake of university degree. Medical negligence is never attributed to Bhopal Gas tragedy and as an eye specialist you have admitted the medical negligence and callous approach of doctors with regard to Bhagalpur incident.  Even a layman is aware of the fact  that these free medical camps are conducted just to drag the prospective patients into the fold of private clinics and nursing homes. Compliance of Govt guidelines is another humbug. Of course there are exceptions.  In the name of noble profession you are aware as to how much exploitation is happening when any client or patients approaches these doctors and lawyers.  Medical council and Bar Council should strictly enforce its Regulatons and all violations should not be subject to heavy penalties but also they should all be tried for criminal offences and Tortious liability. Hope this forum would concur with my views.

Md Shadab Ansari (Law Student & Human Rights Activist....)     11 March 2010

Mr Sanat what do you say about the foriegn tours, cars and gifts given to a doctor by the pharmaceutical companies just for prescribing their drug. Now outside of the clinics many times I saw there are more number of MRs than patients. Because of the greed of commission the doctors prescribes more or costly medicines. I have seen doctors getting gift. U should accept the truth. I am a Lawyer I do accept that there are corrupt practices in our feild..

Shivendra Nath Tripathi (Dental Surgeon Orthodontist Hospital Adm)     02 November 2010

Although I myself is a doctor with a pending law degree (2nd yr) my parents and my wife are also doctors. i do not believe that we doctors are someone to be associated with god or something alike. done are the days when these things happened and there is a good reason for it. no where we can get selfless education, i havent see no more than 1 or 2 teachers who devote their time selflessly with their students. college management is the first one to rob our parents of their hard earned money. with MBBS upwards of 30Lacs and pg going upward of 1CR, where is sacrifice? or selfless service?  when no one is willing to sacrifice their profit just because their customer is a doctor then how come doctor give selfless service?

 

Now its purely a business although there are doctors who do selfless service but they are in so much minority that they can be very very rare breed. 

now in general context which doctor is respected in a city? one who is successful, who is called successful? one who has more money. who can have more money? when they know how to do business. my mother and my father both did a very very honest service, i would not say a selfless service but a very honest one, prescribing only those medication which are required, only requires test etc etc. slowly many new doctors who knew how to do "business" were earning more money, getting more respect even though my parents were seniors. 

now the general concept is most of the doctors are doing fraud. why? because those doctors who do very genuine practice are existing in small clinics in some unknown locality and those with big checques have mushroomed at every city and what we see is these doctors and not the one who didnt earned money and is working selflessly.

I believe that in present world doctors are also service providers and being human they are expected to make human mistakes but like everyone they should be honest with their work and profession. it's not bad to write any particular brand of medication unless it's not costly to competetors and is required for treatment. 

cost reduction of medication should be done by government but all the medications which come under govt control are not available in market and even if doctor wants to write some cheaper mediction, he faces non availablity

SO I WOULD SAY THAT DOCTORS SHOULD BE ASSOCIATED WITH THEIR HONEST WORK NOT SELFLESS WORK AS THE LATER TERM DOES NOT EXIST IN REAL SENSE. NEITHER TO DOCTORS NOR TO ANYONE,

DR.SANAT KUMAR DASH (Eye Specialist)     26 November 2010

Dear     Shivendra,   

                                    Many   Many    Thanks.......2    you    4    a     Nice    descripttion.   I     Welcome      You     to     the    Legal     Field     &     GOD     bless    you      to    prosper     in    future.

Gomathi Sankara Narayanan V (High Court Chennai Patent Attorney)     27 November 2010

"The observance of Court that as long as the doctors have performed their duties and exercised an ordinary degree of professional skill and competence, they cannot be held guilty of medical negligence"

is there a measurement of scale for measuring ordinary degree of professional skill and extra ordinary skill and competence, it is expected to give the best to the patient for which the profession claim.

how it can be estimated that whether the surgery was done with ordinary degree of professional skill and extra ordinary skill and competence.

The unexplainable and irretrievable loss to the victims kin are high at any cost, it willl attribute to further to have a definite shield in this profession.

Where a prudent and strong belief iss made and a individual life and his total family dreams and hopes are given in the hand of another it is expected to be in the manner that it does not jeoparadize the individual.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register