Do not blindly forward messages.: Before forwarding messages, Dear Doctors please check the authenticity. Few things to ponder over about Dr. Mahapatra's viral Post,.
Few things to ponder over about Dr.
Mahapatra Post, which has become viral few moths back. :
The viral post reads some what as under:
The viral post reads some what as under:
"Dr Mahapatra. Neurosurgeon. AIIMS.
Medical Negligence
As Doctors we have to be very careful when operating yet mistakes happen. When you are called as senior witness , you must protect your junior.
Dr. Mahapatra shared a case in a conference on Med. Negligence.
It so happened that a junior Doctor, while performing C-section left a mop in the Abdomen. The patient sued the hospital for 50 lacs.
The high court ordered the Doctor to pay10 lacs and hospital to pay 50 lacs.
However Supreme court ordered enquiry committee with a panel of Senior Doctors.
Dr. Mahapatra was one of them. He told the judge, no Doctor wants to leave a mop inside the Abdomen.
This Doctor saved the life of patient who would have died of PPH.
The Doctor had performed 6 LSCS on the same day, was mentally fatigued and yet managed the emergency so nicely. So I think this Doctor should be spared. The Doctor won the case.
We doctors should never backstab our colleagues, instead be benevolent. Professional jousting is the term coined for doctors who deliberately indulge in shaming the rival colleague. Please remember that it is always a two-way road. If u can joust someone, u can be jousted too and this doesn't bode well for the medical profession since we are not businessmen who have little professional liability in comparison. Protect your colleagues and someday u will thank your stars you did.
Long live well meaning doctors and the nobility of our profession."
1. After reading the said post and the comments upon said posts, few things struck to my mind and thought sharing with you. Firstly there is no reference of case number or citation so that this post can be verified. Why I am saying is this because in these days at times it's not advisable to solely rely on what's being forwarded on social media. As there is no scrutiny available to check the truth about the Author and the post. One thing also struck to me as to why would a Neurosurgeon will be appointed in such case ?
2. Presuming the post to be true, a message says that Doctor gave opinion in favour of Jr. Doctor who was held negligence for leaving mop inside the abdomen at 7th LSCS delivery in that day.
Hence Dr. Mahaptra opined that "Doctor had performed 6 LSCS on the same day, was mentally fatigued and yet managed the emergency so nicely. So I think this Doctor should be spared." The message further gives a message to Doctors that Protect your colleagues and one day you will also be protected.
3. Well,I also read a comment of one of the Doctor that if a Jr. Doctor had performed 6 LSCS deliveries in that single day, can he be spared merely because he was tired ? It could have taken life of that lady and which is irreversible. In the case of Achutrao Khodwa
V/s. State Of Maharashtra, 1996(2) SCC 634, the Hon. Apex Court held Doctors negligent for leaving mop inside the abdomen of patient causing her death. Thus the question remains unanswered in the said post whether this Decision was referred to or not to thier Lordships.
4. Regarding Expert-opinion which are being sought for, its expected that the Expert has to give his opinion based upon the true facts of each case and not merely to help his/her fellow colleague in any given case.
5. It's a practice to get independent expert opinion in Medico legal Cases. In Martin F Dsouza V/s. Mohd. ishfaq, (AIR 2009 SC 2049) the Hon. Apex Court held that an Expert opinion is must before filing the Medical Negligence and observed that :
"The courts and Consumer Fora are not experts in medical science,
and must not substitute their own views over that of specialists."
However this view was not accepted by the later judgment of Supreme Court in the case of V.Krishna Rao V/s. Nikhil Superspeciality Hospital(2010) 5 SCC 513. It was observed therein that “In the opinion of this Court, before forming an opinion that expert evidence is necessary, the Fora under the Act must come to a conclusion that the case is complicated enough to require the opinion of an expert or that the facts of the case are such that it cannot be resolved by the members of the Fora without the assistance of expert opinion”
Thus even if Consumer Court has discretion to call for the Medical Expert opinion, there is no embargo if the party during Evidence produces expert opinion in support of its case.
In one of its judgement, National Commission while holding that a Gynaecologist cannot be an expert witness in Chest Medicine and Neurology, observed that there has to be a proper policy and regulations to decide the mode and manner of expert witness.
In one of its judgement, National Commission while holding that a Gynaecologist cannot be an expert witness in Chest Medicine and Neurology, observed that there has to be a proper policy and regulations to decide the mode and manner of expert witness.
7. I sincerely hope that before forwarding any kind of such message, one should be satisfied about the authenticity of the message. Emotional satisfaction is not the criteria in blindly following such messages. In these days, whatsapp has started giving news paper advts that "spread love, don't spread hate".
Thaks and Regards
Adv. Rohit Erande.
Pune. ©
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