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 Prs...

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 sa...

"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...

How to deal with the deadly disease of Violence against Doctors?  Beat the Wrong-mindset and not the Doctors : Adv. Rohit Erande.© A) Introduction :  Attacks on Doctors and on Hospitals have become rampant in these days all over the Country. It will not be hyperbole if I would state here that almost every Hospital in India has experienced the dreadful attack and violence against the Hospital and the Doctors. It has created fear amongst the Medicos. The relationship between the Patients and Medical professionals is going through vicious circle and due to such incidences, the circle is not getting any breakthrough. Every Medico has one question in mind, Will it ever stop ? B) The Scenario : Hon. Shri. Pranav Mukherjee, the then Hon. President of India also expressed his deep concern over incidences of attacks on Doctors. While speaking at the inauguration of the Indian Institute of Liver and Digestive Sciences (IILDS), Kolkata, Shri. Pranab Mukherjee described ...

"Death of Policyholder due to Malaria after Mosquito Bite is an accidental death and hence Insurance Company is liable to pay the sum assured." In an interesting Case of National Insurance Co. Ltd. V/s Mosumi Bhattacharjee, (R.P. No.1270/2016), a question came before the National Commission to decide whether death of a Policy holder due to Malaria after a mosquito bite can be termed as accidental Death ? Facts in short. 1. Late Mr. Debashish Bhatacharjee, the husband of the Complainant took the home loan from Bank of Baroda and along with it, he also availed facility of Term insurance like policy by name "Bank of Baroda Loan Suraksha Vima", issued by the National Insurance Co. Incase of an accidental death, the policy amount was to be paid to the claimants 2. During the subsistence of the Policy, the Policy holder died due to Malaria and hence his legal heirs (LRs) applied to the Insurance Company fir getting the sum assured. 3. But the Insurance Company tu...

Hon. Apex Court dismissed the charges of negligence against a Senior FRCS Surgeon as he chose conventional surgery over consented laparoscopic surgery to remove  Gall Bladder.  Nevertheless, a Case emohasisine importance of proper informed consent and proper documentation.  Case details : Dr. S.K. Jhunjhunwala V/s. Mrs. Dhanwanti Kumar & Anr.  Civil Appeal No.3971/2011., decided on 01/10/2018. CORAM : Hon. Abhay Manohar Sapre & Hon. Vineet Saran, JJ. Judgement Link : https://www.sci.gov.in/supremecourt/2010/17756/17756_2010_Judgement_01-Oct-2018.pdf Facts in Short : 1. The facts relate back to year 1996. The Respondent - Complainant-patient Mrs. Dhanwantari Kumari , resident of Kolkata had abdominal pain in the month of June-1996. As she did not get any relief from local Doctor, she consulted one Dr. Lakshmi Basu who inturn advised the patient to undergo certain tests like X-Ray, P...

"Allegations of patient's health deteriorated due to the Doctor going abroad, turned down. The Complainants failed to discharge their  Burden to prove the Negligence". Adv. Rohit Erande. © Case Details : Before Hon. State Commission, Delhi. CORAM : N P KAUSHIK : Member (Judicial) Case no.: Complaint No.347/2001, decided on 16/08/2018. Name of the parties Sh. Pritam Ch. Rana & ors. V/s. Sir Ganga Ram Hospital & ors. Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetPdf.do?method=getPdf&cid=8%2F0%2FC-347%2F2001&dtOfHearing=2018-08-16 Facts in Short : 1. The Compliant goes back to the events that took place between 17.09.1998 i.e. the date of admission of 6 years old Mast. Rishabh Rana to 28.05.2001 i.e when Mast. Rishabh took his last breath.. 2. The Complaint was filed by the parents of the deceased child. MAst. Rishabh was suffering from Acute Lymphoblastic Leukaemia (ALL). Before admitting to the Opponent...