Medico-Legal

  Medical Records of "INDOOR PATIENTS" is to be maintained for 3 years. No obligation incase of  OPD Patients record. Every Doctor / hospital will agree that maintaining of record of patients is a herculean task. The number of patients examined in OPD (Outdoor Patient Department) are much more than the IPD (Indoor Patient Department) One may like it or not, but there is no excuse. Most of the cases of Medical Negligence are either won or lost by doctors on the basis of documentation.  Always remember " NO DOCUMENTATION IS NO PROOF, POOR DOCUMENTATION IS POOR PROOF" Law study is a continuous process and sometimes you come across with important judgment to be shared with everyone. Many a times a qu estion is asked was to whats the period of maintaining/ keeping the record ? The answer to this  has been given by Hon. NCDRC  in the year 2013.  Lets see the case details in short : Case Details : Ori. pet. No.39/2003. Mahaesh Prsad Agarwal & or

The Discount in Bill and  proper documentation  absolved the Hospital from allegations of Unfair Trade Practice whereby Hospital allegedly did not allow the patient to leave the till he cleared the alleged Bill amount .  Case Details : R.P. No.2359/2017 NH MMI NARAYANA MULTI SPECIALTY HOSPITAL, RAIPUR CHATTISGARH V/s. CHAMPA LAL BAID Decided on 24/10/2018, by Dr. S.M. Kantikar , the Presiding Member and Mr. Dinesh Singh, member. Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F2359%2F2017&dtofhearing=2018-10-24 Facts in short : 1. The Complaint underwent balloon-angioplasty. There was no Medical Negligence. But the Complaint was filed by the Complainant-Respondent Mr. Baid on the ground that he was not allowed to leave the Hospital till the time he cleared the Hospital Bill of Rs.50,000/-, which otherwise he was not liable to pay and the hospital did not issue any receipts for the same inspite repeated

"No Cure is not a Negligence.." & "Even best professionals, what to say of average  professionals, sometimes have failures".. The National Commission  observed as above in its judgement  while dismissing the appeal filed by Dr. Alkankar Khanvilkar filed against L.H. Hiranandani Hospital. ( F.A. No.1000/2015), reported in IV (2016) CPJ 129 (NC). Facts in nutshell : 1. The complainant admitted his Mother for treatment of fever and chills. After investigation it was found that the stent previously fixed in CBD got blocked and infected and it was replaced with new one. 2. Thereafter the fever was same and patient was shifted to Ward. But as the saturated oxygen level of the patient started falling down, she was moved in ICU in collapsed stage.  3. In ICU as no BP, no pulse recordable, doctors performed CPR to revive patient, but in vain and patient passed away.. Hence the case for praying compensation of Rs.88,71,441/_ was filed in State Commis