A Doctor was held guilty for breach of Professional Ethics and not for Medical Negligence !!!!
A Doctor was held guilty for breach of Professional Ethics (i.e. not attending a patient at the time of operation) and not for Medical Negligence !!!!
Take few minutes to read!!! It may help you too…
This is the unique case per se, in my opinion… The Division Bench of hon’ble Bombay High Court in the case of Dr. Praffula B. Desai V/s. Mr. Padma Chandra Singhi & ors (Appeal No.703/2011 arising out of Suit No.1101/1989) has recently given the Verdict which runs into 66 pages!!!! Interesting Case indeed.
Let’s try to study in short….The Appellant – Oncologist was Honorary Surgeon (and H.O.D.) attached to the Bombay Hospital at Mumbai. One Dr. Mukharjee was his Assistant Surgeon. The deceased lady, who was diagnosed cancer, was admitted in the Bombay Hospital in the year 1987 and as per the contention of her Legal heirs, she was a admitted as a patient of the Appellant and there was a Contract between Appellant, Bombay Hospital at one hand and the deceased at one hand and sued them for Rs.27 Lacks and odd amount, in the year 1989… .
A Doctor was held guilty for breach of Professional Ethics and not for Medical Negligence
The allegation in short is that in breach of the said contract, the Appellant in spite of receiving his fees did not remain present at the time of Exploratory Laparotomy on the deceased and he delegated the duty to Dr. Mukharjee. The Deceased was previously also taken to USA by her IAS husband for further treatment and the Doctors’ Hospital in New York declared her case to be an inoperable case of Cancer and advised her to undergo Hormonal Therapy and when they returned to India, due to heavy vaginal bleeding, she was admitted to Bombay Hospital….
The Appellant said she was never his patient and upon a request made by Dr. Mukharjee, he examined the deceased as a Consultant only for the purposes of giving an opinion and he opined to do an exploratory surgery. With a view to ascertain whether it was possible to remove the “mass” which was causing vaginal bleeding. But he denied of extensive discussion or the surgery was performed as per his instructions… Various witnesses were examined… Extensive arguments were advanced….
A Doctor was held guilty for breach of Professional Ethics and not for Medical Negligence
The High Court observed on evidence we have found that,” the Appellant ought to have done his duty by entering the operation theatre where Dr. Mukherjee was operating upon the deceased and ought to have personally seen the condition of the deceased before advising Dr. Mukherjee to close the abdomen of the deceased.
The Appellant had specifically agreed to remain around at the time of surgery on the deceased in case he was needed by Dr. Mukherjee and instead of personally observing the condition of the deceased on opening of the abdomen, while standing outside the operation theatre, he gave his opinion to close the abdomen and this a failure in his professional duties “!!. But charges of Medical Negligence were turned down by H.C.!!
A Doctor was held guilty for breach of Professional Ethics and not for Medical Negligence
The Maharashtra Medical Council also by issuing a warning to the Appellant observed in the Complaint that the Appellant was expected to inquire on his own about the progress of the operation when it was advised by him and Appellant ought to have taken more interest and personally seen the position faced by Dr.Mukherjee which he did not do.
The Criminal case was also filed against the Appellant and the Apex Court by reversing judgments of lower courts, released the Accused from the offense of Causing grievous hurt by act endangering life or personal safety of others U/Sec.338 of IPC, but Apex Court recorded a finding that the conduct of the Appellant (of not attending the operation) constitutes breach professional ethics!!! The Apex Court held that the opening of the abdomen of the deceased by Dr. A.K. Mukherjee and not by the Appellant did not make any difference.
A Doctor was held guilty for breach of Professional Ethics and not for Medical Negligence
The Apex held that the death could have occurred irrespective of the fact whether the abdomen was opened by the fourth Respondent or by the Appellant himself. The Apex Court observed that the omission of the Appellant in not rendering complete duty to the patient and not performing the operation himself has made no difference and it is not the cause of the death of the deceased.
Interesting Case, Isn’t it?
Again an interesting article by Adv. Rohit Erande, Pune
