No Cure is not a Negligence.." & "Even best professionals, what to say of average professionals, sometimes have failures".

"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 Commission, buy same was dismissed and hence the appeal.

Held.
1. The National Commission while dismissing the Appeal held that doctors performed CPR as it was emergency to revive the patient, but patient could not survive. It should be born in mind that " No Core is Not a Negligence".
2. It further observed that it's the tendency of the person to sue in such cases.
3. It relied on famous judgement of 2009 in the case of Martin D'souza v/s Mohd. Ishfaq of Apex Court wherein it was held that , " A medical practitioner is not to be held guilty simply because something went wrong from mischance or misadventure or error of judgement in choosing line of treatment over other".
......" A lawyer cannot win every case in his professional career  and he cannot be penalised for the case he lost... "

Thanks & Reads,

Adv. Rohit Erande.
Pune.©

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