A case filed by Doctor against Doctors
“Only because the patient died or suffered any mishap, it cannot be taken as medical negligence of treating doctor.”
In an interesting case of Medical Negligence, filed by the Doctor herself, the National Commission has made these observations .
(Dr. MISS HERAT PARMAR V/s. DR. VENILAL G. PANCHAL & 4 ORS, FIRST APPEAL NO. 184 OF 2015, decided on 12/01/2017)
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Facts in nutshell :
1. The Complainant, being a gynecologist herself, filed the case for compensation of Rs.8,50,000/- for the death of her 83 years old father who took his last breath during the Treatment.
2.Her father suffered stroke during evening walk and after consulting the Opponent no.1- Neurologist, who opined that patient suffered from diminished blood supply to the part of brain and was further advised to be Hospitalised.
3.The CT Scan, ECG, Blood Sugar reports were normal. But the Complainant alleged that in order to control BP of the patient, there was no monitoring. Neither any doctor nor nurse was present in the ICU throughout the night. The complainant at 3.00am protested the same to Opponent No.2 Doctor and accordingly the Opp.No.2 referred Opp.No.3 to examine the patient and Opp.No.3 also diagnosed the same.
4.Next day morning, the complaint herself examined the BP which dropped to 140/80 mm and again there was no response from duty doctors. Another Doctor who examined the patient detected slight fluid in lungs. The opp. no.1 did not visit the patient in spite of assurances. Thereafter there was fall in urine output and patient was suffering from persistent hiccups. The antacid was prescribed for the same.
5.Thereafter again the BP dropped and it was alleged that the patient’s condition started deteriorating further and no proper investigation, analysis or treatment being meted out to the high risk patient and thus the Compliant for Medical Negligence was filed for Rs.8,50,000/- before State Commission, Mumbai and as same was dismissed on merits, the first appeal was preferred.
6. It was argued that in ICU, only qualified MD Doctors should have been appointed, whereas one was homeopathic and other was Aurvedic
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Held ;
1. The National Commission, after perusing the record and proceedings, dismissed the Appeal. Interestingly, it was admitted by the Complainant – Doctor that her 83 year old Father was admitted for neurological problem and not for cardiac problem and further she admitted that she is not an expert in the field of cardiology, critical care, internal medicine and neurology !!
2. She further admitted that her 83 year old father was known diabetic and hypertensive for past two decades. The diagnosis was also supported by the expert opinion.
3. It was further observed that an 83 years old man developing brain stroke, is a serious condition. Such patients are more prone to succumb despite the best treatment and this happens WORLD WIDE. It reminds me the saying that, “Wherever in the world you go; the problems/issues remain essentially the same”.
4. The Hon’ble Supreme Court in several judgments has held that, only because the patient died or suffered any mishap, it cannot be taken as medical negligence of treating doctor.
5. In the instant case the National Commission did not find any negligence or deficiency during treatment of complainant’s father. The doctors were qualified followed the proper protocol, the diagnosis was made with relevant investigations.
This is an interesting case, where a complainant herself is a qualified Doctor. Leave the cases of ordinary men who have no medical knowledge. Will it be correct to say that when it comes to your near and dear ones, your reactions would be different? .
A case to be pondered over by Medicos..
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Adv. Rohit Erande
Pune.©.
