Medico-Legal

  The new Code and the Criminal Liability of Doctors : Adv. ROHiT ERANDE.  © It will not be an overstatement to say that, these days the Doctors are doing Defensive practice. There are umpteen number of incidences wherein if a patient dies, then the Doctors may face Civil Action for damages i.e. cases in a consumer court and/or Criminal Action, wherein the Doctors may get arrested on the alleged ground of Medical Negligence  and previously   charges under Section 304-II instead of Sec.304-A of IPC used to be imposed. However, now the Bharatiya Nyaya Sanhita Act, 2023 (BNS) received approval from the Hon’ble President and it came into effect since 1 st July 2024 and the new Code has brought many changes and as far as Doctors is concerned, we will try to compare these changes. Whether under old regime or the new one, it is the prerogative of Police Authorities to put the  sections in the FIR, but ultimately  it's legality is decided by the Courts. Lets' see in nutsh

  5 years after Appendectomy, it was found that a sharp needle left in the abdominal wall of a patient and a Doctor held liable for damages of Rs.2 laks for Medical Negligence by applying Doctrine of "Eggshell-Skull rule", but the SC enhanced the compensation !!!!!! Facts of the case in short : 1. In a rare but interesting case the National Commission reduced the the damages to Rs.2 lakhs on a Doctor, because of whose negligence, a sharp needle remained the abdominal wall of the Complainant in appendectomy, one of the most common surgical procedures performed in its recent judgment dated 01/09/2015, in the case of Jyoti Devi V/s. SUKET HOSPITAL & 3 ORS. (R.P. No.57/2015) link of NCDRC Judgment - http://cms.nic.in/ncdrcusersWeb/GetJudgement.do... 2. The complainant underwent appendectomy operation on 28-06-2005 at Suket Hospital, Sundernagar, Himachal Pradesh. She was discharged on 30-06-2015. During follow up, she complained of pain at the site of surgery. Again on 30