Medico-Legal

IMPORTANCE OF CONSENT FOR MEDICOS : A Short overview. Few minutes to read may save you from subsequent anguish, pain and agony A)    Introduction : 1.              Now days the Medical practice is not so simple and the relationship between the Doctor and Patient is being impinged by various factors. Doctor – patient relationship is a “Fiduciary relationship” in the eyes of law. The patients may get some information from the internet and may demand the Doctors to treat accordingly as per the information received or they might have overheard fro their friends or relatives about way of diagnosis and treatment of particular decease and this makes task of Doctors more difficult and thus it’s in the interest of Doctors to have informed consent.     2.              A Doctor’s professional functions may be generally divided into 4 stages, I) Ta...

"If the treatment given by Doctor is found to be proper (by the court), the Expert opinion, though adverse, has no significance.." It's a great relief for Doctors by National Commission in its  judgment dated 20/09/2016, in the case of DR. SHRIKANT V. MUKEWAR V/s. VIMAL & 2 ORS. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do … Lets see the facts in nutshell : 1. The original Complainant ( patient) was the known case of COPD i.e. chronic obstruction pulmonary disease, i.e. difficulty in breathing and there was obstruction to the air flow. 2.It was alleegd that the treating Dr was just sitting hin his chamber and did not pay any attention to Patient. As the condition of the patient deteriorated, he was advised to shift to another hospital for want of life supporting system. 3. Thereafter the patient was shifted to another hospital and in all these events, patient had to incur huge expenses and hence case for damages of Rs.2 lakhs was filed....

When the Complainant ( a lawyer himself) is saddled with cost of Rs.75,000/- for filing frivolous Complaint against the Doctors !!! In an interesting case, the State consumer Forum, Mumbai in the case of R.F. Lambay V/s. Shanti Nursing Home, Mumbai &  Dr.Prashant K. Pattnaik. CCNo.313/2001, file:///E:/My%20Documents/Medical%20Negligience/when%20a%20Lawyer%20was%20held%20liable%20for%20false%20complaint.htm, imposed the cost of Rs.75,000/- on the Complainant for unnecessarily dragging the Opponent Doctors to the Court !! The Question before the state Consume Fora were :  i.Whether IVP test before commencing of any procedure for lithotripsy was mandatory procedure as alleged in the facts of this case?                                                            (Finding --  No.)  ii.   Whether opponent no.2 i...

"The overwriting on discharge summary, does not mean (on facts)  that Doctors performed wrong surgery and they were Negligent, when other Medical Record proved Doctor's correctness"   "Merely because the Laser Therapy cannot give so much relief, which open surgery can, the Doctors performing Laser Therapy cannot be attributed with negligence"..   In its recent judgment dated 04/07/2017, the National Commission came to the rescue Doctors and the Hospital in the case of  RAM KARAN CHOUDHARY V/s. BHANDARI HOSPITAL & RESEARCH CENTRE, JAIPUR & ORS. You may see the following Link.. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F559%2F2011&dtofhearing=2017-07-04 Facts in short  : 1. The case is of the year 2002. The petitioner complainant suffered from pain in his back and right leg and was further advised to LADD (Laser Assisted Disc Decompression) operation of L 3-4 and L 4-...

  I mportant :  Who can Sign the Pathological Lab Reports ?   The recent order -cum- answer dated 14/06/2017 of  Medical Council of India  ( MCI ) given to  National Accreditation Board for Testing and Calibration Laboratories  ( NABL), a Constituent Board of Quality Council of India,   will have direct impact on the Pathological Labs across the India. Background : 1. The NABL, vide its email dated 08/10/2014 asked few questions to MCI, which are as under .: a) Whether the M. Sc with Ph D candidates who as a matter of fact are not registered with MCI are eligible to sign medical laboratory reports? b) Can persons holding MBBS degree registered with MCI/State Medical Council sign the medical test reports? c) Can PhD (Medical Microbiology, Medical Biochemistry, Life Sciences, Applied Biology, Cytogenetics, Biotechnology) in relevant discipline be allowed to sign medical test reports? If not, can the same be a...

" The Complaint for Rs.80 lakhs alleging that Sedatives should not have been given to Alcoholic Patient as it caused cardiac arrest and complications, was dismissed " http://cms.nic.in/ncdrcusersWeb/GetPdf.do… The State Commission of Maharashtra, in the case of Smt.Rohini H. Merchant & ors. V/s. Sir H.N.Reliance Foundation Hospital & anr. has dealt with important factors. Factual Matrix in short : 1. The deceased patient - husband of Complainant No.1 Mr.Harendra J.Merchant was a Captain in Navy. It was contdned that he gave up his habitual consumption of liquor 25 years back. 2.But in the year 2005, when he was sailing near Andaman and Nicobar Islands, after seeing the hundreds of people dying to the Tsunami, he was psychologically and mentally disturbed and signed off the ship in February 2005 and due to trauma, he again started consuming alcohol after a long gap. 3.That, to treat the patient for proper detoxification, he was admitted on or ...

Doctors, No need to have Shop Act License... 3rd Judgment on this point... The Division Bench of Hon. Bombay High Court (Nagpur Bench) in its comparatively recent judgment dated 21st October, 2016 has reiterated the earlier views in the case of Indian Medical Association V/s. State of Maharashtra & ors. (Writ Petition No. 4579/2005 ) 1. This is the 3rd Judgment on this Point which has relied upon 2 consecutive reported Judgments in the last year of Division Bench of Hon’ble Bombay High Court in the Case of Dr. Kavita Pravin Tilwani V/s. State of Maharashtra (2015(2) Mh.L.J. 271, Cri. W.P. No.1731 of 2002) and Dr. Shubhada Motwani V/s. State of Maharashtra (2015 (2) Mh.L.J. 408) wherein it has been held in clear and in equivocal words that Doctors do not fall within the Definition of “Commercial Establishment” under the provisions of Bombay Shops and Establishment Act, 1948 (said Act) and the amendment introduced in 1977 by which the Government included Medical Practitioners i...