compensation to a patient
raj
(Querist) 25 April 2010
This query is : Resolved
dear learned counsel!
I am a medical specialist working in an institute on salary basis.In the year 2008 I operated a poor patient for his eye ailment at free of cost under a govt sponsered programme.After surgery due to some dystrophy condition of the eye he didint get good vision.We took a second opinion by another expert and treated him accordingly.Later he was dischrged and explained to him about the visual out come.He didnt turned up for subseqent visits and he sent a legal notice demanding a huge amount towards copmpensation for his lost vision.Shall we held responsible?
Kiran Kumar
(Expert) 25 April 2010
the latest interpretation of law is on your side.
if you were not negligent in giving treatment and operating upon that patient then you can not be made to compensate him.
you simply keep your record intact and if the patient pursues the litigation then prove your case accordingly.
the only fact you have to prove is that your were not negligent in terms of application of your skills.
Arvind Singh Chauhan
(Expert) 25 April 2010
Follow Kiran Sir's advice to over come from this problem.
raj
(Querist) 25 April 2010
dear kiranji!
Thank you for your expert advice.
Parthasarathi Loganathan
(Expert) 01 May 2010
On the other hand what is the legal recourse left to the patient if he is unable to establish the medical negligence of the doctor. Accountability of Medical professionals and their tortuous liability is a very complicated issue. My mother expired with medical reasons " Post Operative Tetanus" But doctor's liability was exonerated stating that the patient was administered an expired Tetatus toxoid. Who is to be fixed accountability? Of course, we never tried in any court of law as my father being a Government doctor hesitated to file a suit against his employer for his sincere and honest dedication to his job
raj
(Querist) 04 May 2010
dear learned counsel!
Thanks for the discussion.
