The Respondent did not appear in the Appeal and hence it was decided ex-parte. The National commission observed that there was no deficiency on the part of OP in conducting first surgery which was acceptable to the medical profession and state of affairs of the complainant. It also dismissed the order of State Commission of awarding Compensation of Rs.50, 000\/- on the ground that there was lapse on the part of surgeon not to repair mitral valve to avoid further surgery and Rs.90, 000\/- for 2nd unwanted surgery which could have been avoided had the mitral valve so competent as recorded by the doctor in operation notes and had there been no need to repair the same.<\/li>\n<\/ol>\nDoctor or Surgeon opting for 1 of the 2 accepted procedures doesnt count as Medical negligence<\/p>\n
The view is no more res-integra that as observed by Hon. apex Court that, So long as a doctor follows a practice acceptable to the medical profession of that day, he cannot be held liable for negligence merely because a better alternative course or method of treatment was also available or simply because a more skilled doctor would not have chosen to follow or resort to that practice or procedure which the accused followed.<\/p>\n
One more thing, had the surgeon forgot to mention about the competency of mitral Valve, he would have been held guilty for compensation. So always remember NO DOCUMENTATION NO PROOF: POOR DOCUMENTATION POOR PROOF.<\/p>\n
Doctor or Surgeon opting for 1 of the 2 accepted procedures doesnt count as Medical negligence<\/p>\n
Adv. Rohit Erande, Pune.<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
Doctor or Surgeon opting for 1 of the 2 accepted procedures doesnt count as Medical negligence – National Commission http:\/\/cms.nic.in\/ncdrcusersWeb\/GetJudgement.do\u2026 THE DIRECTOR, ST. STEPHENS HOSPITAL, NEW DELHI V\/s. ONKAR MAL & Ors. F.A. no. 542\/2007, decided on 17\/02\/2016 by the National Consumer Commission. Facts in brief : 1. After the investigations, The Deceased – […]\n","protected":false},"author":2,"featured_media":5253,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_seopress_robots_primary_cat":"","_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","footnotes":""},"categories":[2],"tags":[43,83,87,99,102],"_links":{"self":[{"href":"https:\/\/medicosplexus.com\/wp-json\/wp\/v2\/posts\/5251"}],"collection":[{"href":"https:\/\/medicosplexus.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/medicosplexus.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/medicosplexus.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/medicosplexus.com\/wp-json\/wp\/v2\/comments?post=5251"}],"version-history":[{"count":0,"href":"https:\/\/medicosplexus.com\/wp-json\/wp\/v2\/posts\/5251\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/medicosplexus.com\/wp-json\/wp\/v2\/media\/5253"}],"wp:attachment":[{"href":"https:\/\/medicosplexus.com\/wp-json\/wp\/v2\/media?parent=5251"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/medicosplexus.com\/wp-json\/wp\/v2\/categories?post=5251"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/medicosplexus.com\/wp-json\/wp\/v2\/tags?post=5251"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}