"It's Wrong to stamp a doctor as negligent whenever something goes wrong"

"A doctor need not be held negligent simply because something went wrong" - National Commission dismissed case for compensation of Rs.70 lakhs.

Yet Again the national Commission reiterated the view of Apex Court in its recent judgment of Sunil Kumar Gupta V/s. Escorts Heart Center.

Facts :
1. The 24 yrs old Complainant was suffering VSD (Ventricular Septal Defect) in the heart, since childhood.
2. The patient was operated for VSD, but after 2 months patient felt some heart problems and when he got further checkup done, he learnt that the VSD was not closed but the valve of his heart has been replaced during operation.
3. Thus the Complainant alleged Fraud upon Doctors and claimed Rs. 70 lakhs as compensation.
Doctors side :
1. at the time of operation it was found that patient was having Severe Aortic Regurgitation, the surgeon came outside the operation theatre and explained the condition of Aortic valve(AV) to the relatives of patient.
2.Thereafter, with consent, the AV was replaced and VSD closure was done.

Held :
1. The Commission relied upon the stand of Doctors, after perusing medical record and held that there was no medical negligence.
2. The patient was in good health for 1 year 4 months, after operation.
3. It held that AVR was necessary to save the patient from complications of severe aortic regurgitation.
4. Lastly it relied upon the judgments of Apex Court in the case of Dr. Laxman Balkrishna v. Dr. Trimbak AIR 1969 SC 128; Indian Medical Association v. V. P. Santha, 1995 6 SCC 651 wherein it was held that :
“A doctor need not be held negligent simply because something went wrong. The doctor is not liable for negligence because of someone else of better skill or knowledge would have prescribed a different treatment or operated in a different way."

" He is not guilty of negligence, if he has acted in accordance with the practice accepted as proper by a reasonable body of medical professionals. The skill of a medical practitioner differs from doctor to doctor and it is incumbent upon the complainant to prove that a doctor was negligent in the line of treatment that resulted in the life of the patient."

Thanks and Regards,

Adv. Rohit Erande
Pune.©

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