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Showing posts from February, 2018

DUTIES and RIGHTS of Doctors relating to Treatment, appearance as a Witness in Court in accident cases.

It's said that a wise man should not step in the Court. However, in reality even if one on his own does not want to, he/she may have to appear in the Court. May be as defendant and for Doctors most of the time as a Witness. What are the duties and rights of Doctors ?

As per the report published in 2004 by WHO, till 2020 road accident will be the major reason for deaths of people in India. Right to Immediate Medical Treatment in road accidents is the fundamental right of the victim. The Apex Court way back in the year 1989 has framed the guidelines and in 2016 in the judgment of Save Life Foundation V/s. Union of India,  "Good Samaritan" guidelines also have been recently modified and accepted. Let's have a look in brief.
1. The Hospital and Doctors cannot refuse treatment to such victims for want of money or police complaint. It can be made available later, but human life is something most precious.
2. As per code of ethics,clause No.13, it is the "prerogative of D…

Whether installation of CCTV in the Clinic has become essential for Doctors ?

Whether installation of CCTV in the Clinic has become essential for Doctors ?
Background : 1. Well, I overheard this incidence from one of the Doctor and thought I must share with you so that you may take necessary precaution. The CCTV in Hospitals is a common thing, but the following incident will make the Private clinic runners to think over it.
2. It happened few months back. A lady patient was referred by a Physician to a Psychiatrist. There were two cabins in the clinic of the psychiatrist. In one cabin Junior Doctor was dealing with other patients and in another cabin said lady patient was sitting before the Sr. Psychiatrist.The waiting area was filled up with other patients.


3. Suddenly, the lady patient came out from the cabin and started shouting that the Sr. Doctor tried to outrage her modesty. The Doctor also came out and pleaded innocence and refuted all the allegations and vouched for his credibility and his vast experience in the field..
4. The Jr. Doctor who was sitting insi…

Doctors, before giving a promise to a patient or to a fellow Colleague, please see the case which was dragged for 25 years .

 A Doctor was held guilty for breach of Professional Ethics (i.e. not attending a patient at the time of operation) and not for Medical Negligence . Take few minutes to read . It may help you too.. 
This is the unique case of 4-5 years back. in my opinion. The Division Bench of Hon’ble Bombay High Court in the case of Dr. Praffula B. Desai V/s. Mr. Padma chandra Singhi & ors ([Original Side) Appeal No.703/2011 arising out of Suit No.1101/1989) has given the Verdict which runs into 66 pages. 
You may see the judgment on Following Link. If the Link is not opening, then Please google for Bombay High Court Side. http://bombayhighcourt.nic.in/generatenewauth.php?auth=cGF0aD0uL2RhdGEvanVkZ2VtZW50cy8yMDE0LyZmbmFtZT1PU0FQUDYyMzExLnBkZiZzbWZsYWc9TiZyanVkZGF0ZT0mdXBsb2FkZHQ9MTQvMTAvMjAxNCZzcGFzc3BocmFzZT0xMjAyMTgxNzUzNTQ=
Facts in short :

1.  It was alleged that deceased lady, who was diagnosed with cancer, was admitted in the Bombay Hospital in the year 1987 as an Indoor Patient in First Class …

Rs. 5 lakhs paid by Drs for keeping Unsigned Medical Record..

An Unsigned Medical Record has no legal validity.
(Dear Drs., you must at least read point No.5 herein below) 
Medi. Supri. Loaknayak Jaiprakash Naryan Hospital & Ors. V/s. K.M. Santosh. F.A. No. 244/2008.
http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F244%2F2008&dtofhearing=2016-03-14
Case of the Complainant : 1.   The 11 year old Complainant was admitted in the Hospital with the complaint of Headache. After numerous trials and tests, no diagnosis could be made. But on the contrary, due to wrong medication, she lost her eyesight and to add in her misfortune, her leg had to be amputated due to gangrene developed after wrong Injection. Thus she claimed a compensation of Rs.10 laks.  (The little one took her last breath during the pendency of the appeal)
Case of Doctors : 1. Doctors & Hospitals denied all the allegations. She was admitted to the Hospital, as she was not happy with the treatment of earlier Hospital. Cause of hea…