The Doctor was saved from paying Rs.26,50,000/- in the complaint filed by his close friend..

A complaint of Rs.26,50,000/- filed by the "close friend" & "school buddy" of the Doctor, was dismissed...

In the opening paragraph of the judgement it was observed by National Commission :

“The doctor/patient relationship is at a crossroads. Some patients want the doctor calling all the shots, deciding the best treatment path to follow. Patients miss the trust and warmth found in the personal bond with a caring, competent physician. Boundaries in the doctor-patient relationship is an important concept to help health professionals navigate the complex and sometimes difficult experience between patient and doctor where intimacy and power must be balanced in the direction of benefiting patients .”

Case details :
 BIBEKANANDA PANIGRAHI V/s. PRIME HOSPITALS LTD. & ORS (F.A.No.443/2010) while dismissing the complaint of Rs.26.50,000/.

Facts in Short :

1. The Dr. took utmost care and operated upon him as an emergency as the patient was presented with acute appendicitis of about four days duration and the Patient had temperature 102º F !! .

2. Unfortunately, the surgical wound showed gapping with pus discharge and the fecal fistula developed as the patient was highly diabetic with high blood urea and creatinine levels. 

3. Not only this, the Dr. took proper care of the fistula by providing regular dressing, antibiotics were given, nevertheless the death occurred due to these multiple factors and Son of the deceased filed the Complaint.

Held :
1.THE NCDRC by referring to various Medical Literature and quoted oft-refereed Jacob Mathew's case alongwith judgment of the Apex Court in Martin F. D’Souza vs. Mohd. Ishfaq AIR 2009 SC 2049, wherein Hon’ble Apex Court observed as;‘ 
"A medical practitioner is not liable to be held negligent simply because things went wrong from mischance or misadventure or through an error of judgment in choosing one reasonable course of treatment in preference to another, he would be liable only where his conduct fell below that of the standards of a reasonably competent practitioner in his field."

No doubt the death of our loved one brings tremendous sorrow. It's very natural that any Doctor would never want the patienf to suffer. But we must admit one fact that Medical Science or an Art, cannot yet conquer the human body. It has its own limitations. This fact should be imbibed upon the patient and relatives in proper manner.. 
Nevertherless, This judgement gives an important lesson,
 "रिश्ते अपनी जगह और प्रोफेशनल लाइफ अपनी जगह होने चाहिये "..? As  the patient would have been alive, the Doctor would have been a GOD..

Thanks and Regards,

Adv. Rohit Erande
Pune.©

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