No cure is not a negligence of treating doctor


“No cure is not a negligence of treating doctor”. These words of National Consumer Disputes Redressal Commission (NCDRC) in its recent Judgment of Mrs. Rashal Kanwar & ors V/s. Sir Ganga Ram Hospital & ors, (Case No.950/2015, decided on 15/09/2015) will certainly act as an effective medicine and ray of Hope for Doctors on the background of current scenario of attack on Doctors !!
The Complaint for Medical Negligence was filed by the Widow alongwith her four children for claiming compensation to the tune of Rs.1,86,77,120.

Deceased Mr. Adraj Singh, was admitted on 29/06/2013 in the Hospital in an emergency condition. it was contended on behalf of the Complainants that though the deceased was diagnosed with Ruptured Aortic Aneurysm (R.A.A.) on 29.6.2013, but he was treated, on 23.9.2013 i.e. almost after 3 months of the diagnosis and this was sheer Medical Negligence on part of the Opponent Drs. and Hospital. it was also alleged that the Drs. treated only for chronic kidney disease, hypertension, seizure disorder and sepsis (recovered) and not for R.A.A.

No cure is not a negligence of treating doctor

However the NCDRC, after carefully perusing entire Medical Record, dismissed the Complaint in toto.It observed that intitially the patient was diagnosed and treated for R.A.A. and later when the further complications got developed, the patient was monitored and treated carefully !!

The NCDRC relied on the judgment of Hon. Apex Court in the case of “Martin F. D’Souza Vs. Mohd. Ishfaq, AIR 2009 SC 2049” , wherein it has been observed that “Simply because a patient has not favorably responded to a treatment given by a doctor or a surgery has failed, the doctor cannot be held straightway liable for medical negligence by applying the doctrine of res ipsa loquitur. No sensible professional would intentionally commit an act or omission which would result in harm or injury to the patient since the professional reputation of the professional would be at stake. A single failure may cost him dear in his lapse”.

No cure is not a negligence of treating doctor

Further, it was also observed that,
“When a patient dies or suffers some mishap, there is a tendency to blame the doctor for this. Things have gone wrong and, therefore, somebody must be punished for it. However, it is well known that even the best professionals, what to say of the average professional, sometimes have failures. A lawyer cannot win every case in his professional career but surely he cannot be penalized for losing a case provided he appeared in it and made his submissions.”

This Judgment again underlines an important fact that Drs. should as they would do in normal course, all the precautions and maintain all the RECORD / CASE PAPERS INTACT from time to time…

Article by Adv.Rohit Erande, Pune

No cure is not a negligence of treating doctor

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