Medico-Legal

" A Dentist ordered to pay Rs.35,000/- for extracting wrong tooth, but  the unwanted remarks about the competency of Doctor were expunged"  http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=6%2F0%2FA%2F22%2F2017&dtofhearing=2017-04-24 In an interesting case, the Chandigarh State Commission while delivering judgment in case of Tanvir Malik V/s.  Dr. Harvansh Singh Judge Institute of Dental Sciences and Hospital Chandigarh, upheld the order of the District Forum, but with some important modifications. Facts in short : 1. The Appellant - complainant on 6.9.2015 went to Opponent institute for treatment of his braces. His tooth no. 28 and 38 were to be removed. It's the case of the Appellant that tooth No.38 was correctly extracted, but instead of tooth No.28, the Doctor  extracted tooth No.27 2. Hence the Compliant for Medical Negligence was filed. 3. It was proved that the wrong tooth was removed, hence the District forum all...

"A Gynaecologist to receive Rs.19 lakhs for faulty eye surgery from an Ophthalmologist" http://cms.nic.in/ncdrcusersWeb/GetJudgement.do… The Delhi State Consumer Commission was dealing with the case, where both the parties were Doctors.. Case Details Dr. (Mrs.) Prakash Sharma V/s. Dr. Sharad Lakhotia & anr. CC No. 283/2001, decided on 27/04/2017. Facts in short : 1.The Complainant, a Senior gynecologist from Delhi approached (November - 1998) the Respondent Ophthalmologist for vision problem in her left eye. After investigation, the complainant was advised to undergo cataract surgery & also for implantation of Intra-Ocular-Lens (IOL) The complainant was assured that the IOL implantation was 100% safe and a latest technique. 2. After the surgery, which was successful according to the treating Doctor, Complainant however immediately told the Dr. that she had a blurred vision and could not see with the left eye. After testing on some machines, i...

"4 days delay in taking remedial steps proved to be harmful to the patient and it jointly costed Rs. 12 lakhs to the Gynaec, Anesthetist and the Hospital " Case Details : DR. SUTAPA DASGUPT & ANR, KOLKATA V/s. TAPAN KAR & ANR. REVISION PETITION NO. 315 OF 2016, decided on 18 May 2017 http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F315%2F2016&dtofhearing=2017-05-18 Facts in short. 1.The wife of the Complainant i.e.Ms. Gopa Kar (patient) was admitted for delivery of baby by C-Section at Zenith Super Specialty Hospital on 15th December, 2010. 2.On the same day she was administered anesthesia by the Petitioner No.1 Doctor in her spinal cord and thereafter caesarean section surgery was conducted and she delivered a male child. 3. But soon after  regaining consciousness after delivery the patient  had complaint that her lower limbs were paralyzed and there was no sensation before or at the time of passing urine ...

"The Hospital was saddled with Rs.24,56,000 as it conducted the Neurosurgery  in absence of facility of CT Scan/ NCCT, but the Doctors were absolved" - Delhi State Commission. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=8%2F0%2FCC%2F161%2F2003&dtofhearing=2017-04-18 B.R. Saini & ors. V/s. Lions Hospital & Research Centre & ors. Complaint No. 161/2003, decided on 18/04/2017. Facts in short : 1. The deceased Shri. Trilok Singh, 37 years, was admitted to Lions Hospital  on 19.11.2001 with the symptoms of headache for five months, occasional vomiting and urinary incontinence for ten days. 2. (Late) Dr. Braham Prakash  with all test reports advised surgery of the brain & accordingly the patient was operated upon on 20.11.2001. However After the surgery, patient became drowsy and his condition deteriorated and went in Coma and finally took his last breath on 25.11.2001. 3. The Father of the deceased filed the c...

No Shop Act License is required for Doctors...  Recent 2 consecutive Judgments of Hon’ble Bombay High Court in the Case of Dr. Kavita Pravin Tilwani V/s. State of Maharashtra (2015(2) Mh.L.J. 271) and Dr. Shubhada Motwani V/s. State of Maharashtra (2015 (2) Mh.L.J. 408 has turned to be a pacifier for all the Medical Practitioners as Division Bench of Hon. Bombay High Court in both the Petitions have held in clear and in equivocal words that Doctors do not fall within the Definition of “Commercial Establishment” under the provisions of Bombay Shops and Establishment Act, 1948 (said Act) and the amendment introduced in 1977 by which the Government included Medical Practitioners in the said Definition was struck down as ultra vires. Both the judgments (supra) are very important and in the Judgment of Dr.Shubhada Motwani, the same division Bench (presided over by their Lordships V.M. Kanade and P.D. Kode JJ.) struck down the criminal prosecution launched against the Petitioner do...

" Permission for Termination of the Pregnancy @ 23-24 Weeks of HIV Affected was  denied by Supreme Court as the Medical Board Report did not permit".. "जिवास धोका निर्माण होईल म्हणून एचआयव्ही बाधीतेला 24 आठवड्यात गर्भपातास मंजुरी  नाकारली". Case details : Courtesy www.livelaw.in https://drive.google.com/file/d/0BzXilfcxe7yubUliZjdCRlM5dDA/view Judgment of Hon. Patna High Court. http://patnahighcourt.bih.nic.in/JudgementByCaseNo.aspx Indu Devi V/s. State of Bihar (SLA C no. 14327/2017) Facts in short : The judgment of Patna High Court reveals all the facts in details. 1. The petitioner ( „victim‟),  35 years of age, claiming to be a destitute, was rescued on 25.01.2017 by a Field Coordinator of Shanti Kutir‟, a Woman Rehabilitation Centre situated at Patliputra, Patna. 2. During routine tests, USG was conducted on 08.02.2017, it was found that the victim was carrying pregnancy of 13 weeks and 6 days and she was later on found to be HIV+ and that time ...

"Undue delay in diagnosis & failure to decide the line of treatment amounts to breach of duty & costed Rs. 5 lakhs to Doctor" The National Commission in its judgment dated 13/10/2015 in the case of ASHA ABBHI V/s. KANPUR MEDICAL CENTRE PVT. LTD. & 2 ORS, Observed.. You may see the Following Link. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do… The Factual Matrix in nutshell is as under : 1. The Husband of the Complainant suffered serious injuries in the night of 11/12.9.1993 in his chest, stomach, face and right eye and hence he was admitted in the Hospital.  2. It was alleged that during the stay, the Doctor delayed to perform patient’s operation , which resulted in the death within short time.  3. It was contended on behalf of the Opponent doctors that there was no medical negligence and the Doctor failed to attend such emergency, on the pretext of All India Doctors’ strike, and non-availability of Anesthetist on 17.9.1993. Held ...

“All Anomalies can't be detected by Ultrasound study." A case claiming Rs.17 lakhs compensation was dismissed alleging failure on part of Doctors to diagnose fetal anomalies. Case Details : S. SARAVANAN V/s. M/S. RASI CLINIC & 3 ORS, TAMILNADU. Judgment Dated : 20 Mar 2017 http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F2159%2F2014&dtofhearing=2017-03-20 Facts in Short : 1. The complainant alongwith his wife approached the Respondent on 20.9.2007and the Doctor confirmed the 2nd pregnancy. It was contended by the Couple that due to extraction of 4 teeth 2 days back, the wife consumed heavy doses of pain killer medicine and requested to advise for termination of pregnancy if the fetus would face any problem due to these medicine !. But this possibility was ruled out by the Doctors. 2. Then the patient was referred for regular scanning with the Respondent No.2 and all the 3 ultrasound scans were normal and heart ac...

When IMA Saddled with Rs.10,000/- for denying pension benefits to family members of deceased Doctors... You may come across such judgements co-incidently, but are unique and a must know for the Fraternity ! The NCRDC in its judgment dated 13/03/2015 in the case of IMA V/s. V.R. Chaitanya & ors (REVISION PETITION NO. 464 OF 2015)  dismissed the  Revision Petition of IMA calling it as frivolous and vexatious. ... The factual matrix : 1. The IMA (Andhra Pradesh State Branch of IMA)  introduced Family Benefit Scheme (FBS) with the aim and objective of providing minimum  substantial financial aid to the family members of the  said  Scheme, in case of Member’s demise  and  also to promote life membership of IMA.  2. One Dr. Srinivasa Murthy, who opted for the said scheme  paid the contribution till he died, on 27.06.2010. The next date of  fraternity contribution bill fell  due on 07.07.2010.   The widow of the de...

The Delay in diagnosis and treatment made the patient to lose her life, which in turn costed Doctors and Hospital hefty sum of Rs.25 lakhs towards compensation + Rs.15 lakhs towards mental pain & agony, totalling to Rs.40 lakhs with interest !!! The commission gave an interesting example to explain the issue of 1 % risk of serious harm. “suppose that, an aeroplane on a long-haul flight developed engine trouble while in mid-air, this gave rise to a one percent risk that the plane would crash and that risk would not increase for the next 12 hours but remain constant”. “A reasonable pilot, knowing this, would not wait for 12 hours to expire but would land his plane as soon as reasonably practicable.” DR. (MRS.) MANIKA ROY & ANR V/s. DR. B.L. CHITLANGRA, Bombay Hospital & ors. CC no.42/2003, decided on 5th January, 2016, by the National Commission. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do… Facts in nutshell : 1. Ms. Kaberi Roy, 29, (since deceased, referred ...

Beat the wrong mindset, not the Doctors...... Last year's 3 incidents in a row of Brutal attacks on Doctors have put the Medical Fraternity in a state of shock and anger... Blessing in disguise is that nation has seen the much needed unity amongst Drs.... Let the unity remain as it is.... We'll drink to limit and then expect Drs. to rectify liver and kidneys, we'll drive rash and negligent, get a head injury and expect Drs. to bring is back to normality.., We'll eat less sweets doe 1-2 days before checking to get blood sugar report normal and expect Drs. to control the diabetes and at the end if Drs don't get success, beat them to death... What's going on.... This reflects that the patience from the Society is declining faster.... Evey1 is under some or the other pressure and Doctors become the soft target for venting out the anger.... If a test is prescribed and the results are good then it may be alleged that , test was not necessary, just to get commi...

Attack on Doctors..... An Overview A new acronym for Doctors... MBBS – “Muscle-bound” and Bachelor of Surgery. After the recent  heinous attack on BHU Dr s, I feel it necessary to reshare the Article... It is said that there is unity in diversity in India… But this unity is also found, when it comes to Attack on Doctors…… There is no bar of cast, creed, religion, place, when it comes to attack on Drs… Take any State, any City of India, you will find rampant examples of attack on Doctors… Recent incidents in Sirsi, Dhule, where  doctors were thrashed down  emphasises a Dire Need for effective legislation to protect Doctors from violence and attacks...... Swami Vivekananda has  said, "The medical science has its limitations. There is no technique or method which will tell you 100% correct " Medical Bhavishya" of anyone. Thus Drs., who on the basis of their skill, knowledge and intelligence treat their patients if not to be worshipped as God, then they are a...

Drs.. a Judgement, which you must pay attention to !! On facts of the case, Highest Compensation in the history of . Medical Negligence, of Rs.11 Cr + has been awarded by hon. Apex Court for Medical Negligence in the matter of Dr. Balram Prasad V/s. Dr. Kunal Saha & ors (2014 SAR (CIVIL) 127)., in its 210 page lengthy  judgment which has been reported in almost all leading law Reports in India !! It's a case to be studied by Drs and IMA.. http://judis.nic.in/supremecourt/imgs1.aspx?filename=40897 The Compensation was to be paid by doctors and Hospital. Facts in brief : 1. Wife of Kunal Saha, an NRI-Doctor, when Visited Kolkata, developed skin rashes and fever. A well-known physician Dr. Sukumar Mukherjee prescribed a drug for her and she was later admitted to the AMRI hospital under the care of three other physicians. 2. Soon her skin started to peel off and she is diagnosed with a life-threatening condition caused by a drug reaction. She was airlifted to Breach Can...

Wrong Dose of Anesthesia + failure to follow Std. Guidelines in ERCP procedure +  Unethical Siphoning of government funds = Rs. 47 lakcs of Compensation . The commission observed, Michael Jackson and Joan Rivers both lost their lives secondary to the anesthetic agent, Propofol...!! The National commission was dealing with the case of D. UMA DEVI V/s. Yashoda Hospital., A.P. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F1169%2F2014&dtofhearing=2016-04-11 In the opening para of the judgment, commission has referred "Anaesthesiologist, are like aeroplane pilots, are essentially 99% of the time in a “watchful waiting mode”. It is when an untoward event occurs that they are called into action, their level of alertness, skill and response is critical. It is not the drug Propofol itself that is the culprit for it is an effective and fast acting anesthetic agent. It is the monitoring of the patient and the ability of an attentiv...

If the Advice / Treatment of  professionals like a lawyer or a Doctor goes wrong, can  they be criminally held  liable for negligence ?... IMP Judgment of Apex Court.... "23.. A lawyer does not tell his client that he shall win the case in all circumstances. Likewise a physician would not assure the patient of full recovery in every case. A surgeon cannot and does not guarantee that the result of surgery would invariably be beneficial, much less to the extent of 100% for the person operated on" “25…there is a world of difference between the giving of improper legal advice and the giving of wrong legal advice." "..... Mere negligence unaccompanied by any moral delinquency on the part of a legal practitioner in the exercise of his profession does not amount to professional misconduct" Facts in nutshell... 1. This was the case filed by CBI, against a lawyer and the Bank officers alleging that they all committed a fraud to the tune of  Rs. 1.27 Crores an...

Trail of Doctors between Sec. 304A “or” 304-II of IPC. : Devil and Deep Blue Sea             Rights of Doctors against criminal action : There are umpteen  number of incidences wherein a patient dies, Doctors get arrested on the alleged ground of Medical Negligence  and charges under Section 304-II instead of Sec.304-A are imposed and have to run from this court to that court for bail.... It's the prerogative of Investigating authorities to put the charge or sections, it's legality will be decided by the Courts.. Let’s try to understand in Short, the Rights of Doctors in case of Medical Negligence cases and criminal Action. : Medicos are offended when they are charged with Sec.304 (II) of IPC. 304. Punishment for culpable homicide not amounting to murder.—Whoever commits culpable homicide not amounting to murder shall be punished with 1[imprisonment for life], or imprisonment of either description for a term which may extend to ten year...

The ECG report of the patient got interchanged with other patient and the treatment was given on wrong ECG,  but.... The National Commission observed, " in the critical care/emergency units, the doctor’s paramount intention is to treat the patient, therefore sometimes for each case, it could be difficult to change the name and patient’s ID in the ECG machine. The emergency ECG will be taken in presence of treating consultant and he instantly reads and interprets the same"... http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F774%2F2015&dtofhearing=2016-02-02 Judgment dated 02/02/2016, in the case of RADHEY SHYAM PRAJAPAT & ANR V/s.  SANTOKBA DURLABHJI MEMORIAL HOSPITAL CUM MEDICAL RESEARCH INSTITUTE, JAIPUR & 3 ORS Facts in Short : The daughter of the Complainant (since deceased), Soniya, a bright academic student was admitted in the Hospital for fever and headache. It was alleged that even though she was diag...

" It is a painful thing to look at your own trouble and know that you yourself,and no one else has made it" - Sophocles, the Greek playwright. USG Report given carelessly amounts to unethical practice and thus costed Rs.15 lakhs to Drs.. A case emphasising limitations of USG/ Anamoly Scan.  (In my opinion, this case is yet again another reason to amend MTP Act) http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F221%2F2010&dtofhearing=2016-05-16 In a case of ANIL DUTT & ANR. V/s. VISHESH HOSPITAL, INDORE & ORS., the National Commission passed strictures upon the Radiologists / Sonologists for not adhering to  Hippocratic Oath ! Case of the Complainant. : 1. The Wife of the Complainant was under treatment of Doctors during her pregnancy. IT was contended that the concerned sonologists / radiologists gave wrong reports at both occasions after 20 weeks ,which resulted into serious consequences. 2. ...

"Only because the patient died or suffered any mishap, it cannot be taken as medical negligence of treating doctor." In an interesting case of Medical Negligence, filed by the Doctor herself, the National Commission has made these observations . (Dr. MISS HERAT PARMAR V/s. DR. VENILAL G. PANCHAL & 4 ORS, FIRST APPEAL NO. 184 OF 2015, decided on 12/01/2017) http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F184%2F2015&dtofhearing=2017-01-12 Facts in nutshell : 1. The Complainant, being a gynecologist herself, filed the case for compensation of Rs.8,50,000/- for the death of her 83 years old father who took his last breath during the Treatment. 2.Her father suffered stroke during evening walk and after consulting the Opponent no.1- Neurologist, who opined that patient suffered from diminished blood supply to the part of brain and was further advised to be Hospitalised. 3.The CT Scan, ECG, Blood Sugar reports were no...

Doctor was held Negligenent for doing wrong surgery, but Hosptial was held Vicariously Liable  and , Lastly Insurance Company was ordered  to Pay the fine as per the policy, taken by Hospital !! Its indeed a Very interesting case. Its a very short, 8 Paragraphs  judgment of National Commission, NEW INDIA ASSURANCE CO. LTD V/s.SRI SAI HOSPITAL, U.P., & 3 ORS, date of judgment 4th January, 2016. The Factual matrix in short : The main contention of the petitioner.Insurance Company is that, since, the complainant himself has stated that there was fraud and usurping of money from him, under conspiracy, therefore, the fraud and conspiracy is not covered under the insurance policy and Insurance Company therefore is not liable to pay . The surgery was performed at wrong site/ level on the spinal lesion. It was observed that instead of S1 S2 level, the doctors erroneously performed surgery at one level above i.e. L5 – S1 level & therefore, it was not an error o...

“It is the prerogative of a Doctor to decide the line of Treatment, based on his/her skills” The Doctors were saved from paying Rs.25 lakhs as compensation on allegations of Medical Negligence for performing unnecessary operations and (the worse) from the allegation of removal of kidney by the National Commission in the judgment  of USHA DEVI V/s.  E.S.I.C. MODEL HOSPITAL & ANR, BIHAR. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F724%2F2015&dtofhearing=2016-05-04 Case of the Complainant : 1. The Complainant got herself admitted for the treatment of piles & pain in abdomen and after some tests she was advised to undergo an operation. 2. The Complainant further alleged that Doctors performed two operations on her, one for removal of gall bladder and another for removal of piles. 3. But in ultrasonography made later, reported no evidence of malignancy in the Gall bladder and hence she alleged Doctors of Medica...

A Gynaecologist  cannot be an expert witness to give opinion on chest medicine or neurology. The National commission was dealing with this question and expressed its concern that it's high time in India to have strategies for regulating expert witness testimony in medical negligence cases. M/S. SANKAR PRASAD BOSE & ANR V/s. DR. B.N. BASU MEMORIAL CLINIC APOLLO NURSING HOME & 3 ORS http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F974%2F2015&dtofhearing=2016-01-14 Facts in Brief : 1. 90 years old father (deceased) of the Complainant was kept in HDU (High Dependency Unit) as he was drowsy and unconscious. 2. It was alleged that the patient was not attended properly in HDU. His feet became cold due to AC machine. The patient vomited twice, BP was not recordable and and oxygen saturation was 73%, the patient became unconsciousness and died soon. 3. The Complainant examined  one Dr. Bandookwala, a Gynae...

"It would be unrealistic to expect the Doctors to subject every patient coming with a complaint of chest pain to advanced cardiac investigations, when ECG is normal" Well, I feel it's the prerogative of the Doctor to decide any line of Treatment based on case to case... http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F109%2F2011&dtofhearing=2017-02-15 MANDAR JADHAV V/.s DR. RIYA & ORS.CONSUMER CASE NO. 109 OF 2011. Facts in short : 1. The Wife of the Complainant (since deceased), was under the treatment of a Gynecologist. The Gynecologist  advised to go to KEM Hospital Mumbai for cardiac check-up. 2. The patient also had the history of  Chest Pain/Epigastria, Hypertension and 9 months Amenorrhea. In the Hospital An ECG was performed and primary treatment for Acidity and Gastric disorder was given and she was again asked to come to hospital after 2 days. 3. After 2 days when she came to Hospita...