It's not only Medical Negligence, but Doctors' Handwriting also that led Courts to write Judgements.. Adv. ROHiT Erande. ©

*It's Not only Medical Negligence, but Doctors' Handwriting also that led Courts to write Judgements..*

*Adv. ROHiT Erande. ©*

*"Who is a Pharmasist ? Ans : A person trained to read Doctor handwriting.* :)  ".
There are so many jokes, satires made on this subject. But at times you may land up in trouble due to bad handwriting.

Yesterday, read a news in which Hon. Odisha High Court asked Doctors to write prescription in legible handwriting.. It reminded me a case of Rs.50 lakhs damages filed against a Doctor for bad handwriting, though got Dismissed..

A Claim of Rs. 50 lakhs blaming that a patient died because Doctor's illegible handwriting  lead pharmacist to give wrong medicines, dismissed.

In an interesting case, the Delhi State Consumer Forum dismissed the claim of Rs.50 Lakhs as it was outside the purview of CPA.

Case Details :
Mrs. Vimla V/s. Dr. Ashwani Gupta and Sir Ganga Ram Hospital, Delhi.
Compliant No.46/2018, decided on 13/02/2018.

Judgment Link :
http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=8%2F0%2FCC%2F46%2F2018&dtofhearing=2018-02-07

Facts in Short :
1. The Complainant alleged that her husband died because of wrong medicines given to her. Instead of "Ketropol-DT" some other medicine was given to her husband and this was solely because of misreading or ill-handwriting of the Doctor on the prescription lead the Pharmacist to supply different medicines.

2. That other Medicine had side effects and caused the death of a patient. filed the complaint claiming Rs.50 lakhs compensation from the Opponents as her husband succumbed to the death on account of  gross medical negligence on part of Doctors and Hospital in the treatment given to her husband.

Held :
1. The State Forum after perusing the record and documents came to the conclusion that the present compliant itself was maintainable as it was not a consumer dispute and thus dismissed the same and asked the Complainant to approach appropriate forum. 

2. The Forum came to the conclusion relying on a judgment of National Commission in the case of Bright Transport Company Ltd. Vs. Sangli Sehkari Bank Ltd. reported in II(2012) CPJ 151 (NC) decided on 12.01.2012 have  held as under:-

“We must consider the question whether this Commission in exercise of its summary jurisdiction would be able to adjudicate on the issues arising on the complaint in an effective manner. If this Commission ventures to do it, it may have to record the evidence of all those persons whose evidence was collected by the CBI. It is only after detailed examination and cross examination of those witnesses and the documentary evidence i.e.voluminous record involved in the said bank transactions that the Commission may perhaps be able to adjudicate on the said question. We have, therefore no hesitation to hold that the complaint indeed raises very complicated question of facts and law which can only be answered by a regular Civil Court and the complainants should be relegated to the Civil Court to work out their remedy for the entire claim made by them in the present complaint or this Commission can decide upon the claim in regard to which there is no dispute between the parties.”

3. Well, with all the due respect to the Hon. Forum, it is humbly submitted that this judgment may be challenged in the Appellate Forum and the legal professionals may have contrary opinion.

4. *But the main allegation also should not be overlooked. The Handwriting of Doctors has always been subject matter of chuckles. There are some practical difficulties too. If a Doctor is writing hundreds of prescription in an OPD, it may become difficult to maintain legibility of handwriting. Now a days as per  my knowledge, (I am open for correction)  the Doctors have been asked by MCI to write Prescriptions in Upper case and same should be readable. Many Doctors also give written prescriptions and which shall certainly  avoid any such disputes. Already there are umpteen numbers of reasons for filing Medical Negligence cases and this one is an addition to it. SO better be careful.*

https://advrohiterande.blogspot.com/2018/03/a-claim-of-rs-50-lakhs-blaming-that.html

Thanks and Regards,

Adv. Rohit Erande
Pune.  ©

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