TREATMENT NOT GIVEN BY THE APPROPRAITE EXPERT DOCTOR AMOUNTS TO MEDICAL NEGLIGENCE

                                                             

     

Case Study

By Mohit Popli, Advocate

Email us: adv.mohitpopli@gmail.com

For more info:

www.corplexischambers.com

www.patientcause.blogspot.in

TREATMENT NOT GIVEN BY THE APPROPRAITE EXPERT DOCTOR AMOUNTS TO MEDICAL NEGLIGENCE

NCDRC First Appeal No. 114 of 2009

Decided On: 10.05.2013

Breif Facts:

After conducting necessary tests informed the Patient that there was a stone in his gall bladder and advised to him to take admission in Institute for gall bladder. He was admitted there on 20.04.2001 and was advised to undergo laparoscopic operation which was fixed for 25.05.2001. On that date inside the operation theater Patient noted that an Anesthetist under the guidance of the surgeon roughly tried to force an apparatus resembling a cylindrical pipe down his throat unsuccessfully several times. Patient experienced excruciating pain and in fact after a couple of attempts blood spurted out. But despite this, attempts to force the pipe down his throat continued. Sometime later the Patient was wheeled out of the operation theater without being operated. The area of his throat which had been ravaged and badly injured was merely patched up. Patient's family was subsequently told that a difficulty was faced in the area of the throat because of a tumor and, therefore, the operation could not be conducted.

On the next day on the advice of an ENT specialist a CT was conducted which confirmed serious damage inside the throat with formation of several air pockets. After seeing the CT scan, Dr. discharged the Patient from hospital stating that no further treatment was possible.

After discharge from the Institute, the patient admitted to Calcutta Medical Research Institute wherein the patient undergone an operation and subsequently was discharged on 7th July, 2001 therefrom. Inspite of that, the patient could not recover fully and faced difficulty in breathing. Under such circumstances, the patient filed a complaint before the West Bengal State Consumer Disputes Redressal Commission, Kolkata on the grounds of medical negligence and deficiency in service. Seeking direction upon the appellants to reimburse Rs. 1,06,612/- alongwith interest towards medical expenses and Rs. 10,00,000/- as damages for severe trauma and mental agony when after hearing both the parties the State Commission directed the appellants to pay jointly or severally Rs. 77,023/- towards expenditure upto 30th May, 2001; Rs. 70,000/- as damages and Rs. 10,000/- as litigation cost. Being aggrieved, the appellants preferred the instant first appeal.

Findings:

·         The previous treating hospital did get the Patient examined by an ENT specialist, thereafter once the problem was diagnosed he was not treated for the same but discharged.

·         It was under these circumstances that Patient had to seek treatment for his problem at the Calcutta Medical Research Institute from Dr. Milon Kumar Chakraborty. Thereafter the Patient had developed a life threatening condition because of the pharyngeal tear close to larynx and multiple air filled cavity in previous hospital and that even after his treatment at Calcutta Medical Research Institute, some problems continued.

·         It was held that the due and reasonable care was not taken by the previous hospital in the treatment of the Patient while incubating the cylindrical pipe in connection with the anesthesia.

Held:

It has been held by the NCDRC “that in all cases of surgeries some risks are there and any unforeseen event that may crop up during surgery should be accepted with a smile do not hold much water in the present age. When there is no denial of the fact that intubation failed after several unsuccessful attempts which in its turn rendered the gall stone operation for which the complainant got himself admitted but the operation was abandoned, it was not proper on the part of the previous treating hospital to avoid the responsibility by putting up some pleas which are not at all acceptable.”

“In view of the above facts, it has been held that the hospital and doctors did not exercise the reasonable degree of care and caution in the treatment of the Patient which amounts to medical negligence and deficiency in service”.

Medical Negligence -: Wrong Diagnosis and failure to conduct necessary tests before starting treatment

Case Study by Mohit Popli Subject: Failure to conduct necessary test for the proper treatment and wrong diagnosis amounts to Medical Negligence Cancer Patient-Compensation awarded 5 Lacs Kurien Joseph (Dr.) & Anr. Vs.  Govindarajan Equivalent Citation: II(2013)CPJ296(NC) Facts The daughter of the Respondent (Govindarajan) (hereinafter referred to as the Patient) was admitted in Appellant nursing home on 16.8.1992 with complaints of stomach pain and menstrual discharge although she was pregnant. Respondent came to know from one Dr. V.C. Balasubramanium, to whom Appellants had referred her case, on 23.11.1992 that the medical treatment of the Patient by the Appellants was not correct since she was given treatment for cancer although she was not suffering from the same, as a result of which the Patient died at a young age. Being aggrieved because of the medical negligence and lack of proper treatment resulting in the Patient's death, Respondent filed a complaint before the State Commission and stated that Appellants be directed to pay the Respondent a sum of Rs. 10 lakh on account of untold agony and loss caused to the Respondent and also taking into account the young age of the Patient who was gainfully employed as a teacher. Finding by Hon’ble State Commission and National Commission The Hon’ble State Commission after hearing the parties and on the basis of evidence produced before it, including the oral evidence and cross-examination of the Appellant doctor and the Respondent, concluded that the Appellants were guilty of medical negligence and deficiency in service. Relevant parts of the order of State Commission are reproduced: Negligence - That 'prior to starting therapy a full blood count is required and renal and hepatic function must be assessed. Thyroid function should be measured. The blood group of the patient and her partner responsible for the most recent or molar pregnancy is required for the prognostic score'. The nursing home attempted to wriggle out by stating that the patient was not suffering from molar pregnancy. They had not taken any steps to measure thyroid function or find the blood group of her partner. The nursing home not having established conclusively that the deceased was suffering from cancer, it has to be found that chemotherapy was ill-advised to be tried on the deceased. We therefore hold that the opposite parties had been negligent in treating the patient and this had been the cause for the death of the patient. The first pathological report dated 24.8.1992 does not conclude categorically that the Patient had carcinoma. In fact, it only states that there were some appearances in the specimens which were indicative of carcinoma but these needed to be correlated with other tests before reaching a clear finding to this effect. In this connection, the Doctor has himself admitted in his cross-examination that he did not conduct these tests because the Patient came a week later than the time fixed by Appellant Doctor for conducting the same and by that time she was very ill. The Hon’ble National Commission also note that while during cross-examination Appellant Doctor admitted that enlargement of the uterus and ectopic pregnancy need not necessarily be due to cancer yet in the instant case it was primarily on the basis of these very symptoms that Patient was administered 5 cycles of chemotherapy by him. The Appellant Doctor's reason for not conducting a biopsy of the abdominal mass or the cysts was on the ground that it could have caused severe bleeding and also cited medical literature in support. However, it is medically well established that the only way to determine if a growth is cancerous is to remove a sample of it and conduct a biopsy on it. The Hon’ble National Commission further observed that the second pathological report dated 23.11.1992 clearly indicated that the Patient had no malignancy and, thus, confirming the complaint of the Respondent that the Appellants started chemotherapy without taking due care to confirm that the Patient had cancer. The Doctor did not conduct the required tests nor did they consult an Oncologist or get biopsy done, which is the common procedure undertaken in cases of suspected cancer of this nature involving mass in the abdomen and growths. Compensation awarded by Hon’ble Commission  The Hon’ble State Commission, therefore, directed the Appellants to pay a sum of Rs. 5 lakh to Respondent as compensation within a period of 8 weeks from the date of the order failing which the amount would carry interest @ 9% per annum. Rs. 3000 were awarded as litigation costs. The Hon’ble National Commission directed the appellants to comply with the order of Hon’ble State Commission.

.

Case Study – Failure to diagnose/wrong diagnosis amounts to Medical Negligence

Case Study – Failure to diagnose/wrong diagnosis amounts to Medical Negligence

By Mohit Popli

Advocate

Contents: This article also contains the Arguments addressed by the Parties, Case Laws Referred with Medical Literature

Rajmal Singh & Others Versus Dr. Madhu Gupta  & Others

Decided on 8^th May 2014 By NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION IN ORIGINAL PETITION No. 207 OF  2000

  

 Intro:

The Complaint was filed in the year 2002, by Rajmal Singh, and his 5 minor sons. It was alleged that due to negligence of the Dr. Madhu, of Navjeevan Hospital, and Dr. Atul Aggarwal, of Shivam Hospital, Smt. Krishna Singh, wife of Complainant died. She died during the pendency of this case.
"That the incisional strangulated hernia is easily diagnosable by the patient’s symptoms and signs. At, first instance, in the month of May 1999, the patient was examined by Dr. Madhu, having acute abdominal pain. Again, on 14.08.1999, patient was presented with acute abdomen with sweating and vomiting. She has relied entirely upon the USG report. Even, by Per vaginal (PV) examination, she concluded as a case of torsioned ovarian cyst.

Hence, it is a case of failure to diagnose/wrong diagnosis."

Home Remedy to Cure Hair Dandruff

                             Home remedies to cure Dandruff

 Dandruff, also known as seborrheic dermatitis. It is a common scalp disorder. It can occur due to dry skin, oily skin, growth of bacteria and fungus on the scalp. It causes itchiness along with excessive formation of dry skin flakes on the scalp

A. Indian NEEM

Neem is also known as Indian lilac . It has antifungal and antibacterial properties which helps to cure various scalp problems like scalp acne, itchy scalp, and hair fall efficiently.

How to apply neem on the scalp?

1.  Boil a handful of neem leaves in four cups of water.

2.  Cool and strain the solution.

3.  Use this as a hair rinse two or three times a week.

B. Olive Oil

Scalp dryness can be cured with regular use of extra-virgin olive oil.

1.  Heat some extra virgin olive oil until it is slightly warm.

2.  Massage it onto your scalp and then wrap your hair in a warm towel.

3.  Leave it on for at least 30 minutes or overnight and then shampoo.

4.  Repeat this remedy a few times a week.

Law Against Quackery

Law against Quackery

"Quack" is a "fraudulent or ignorant pretender to medical skill" 

(Quacks-Jhola Chaap Doctor)

With Indian Case laws

·        Poonam Verma Vs. Aswin Paatel (AIR 1996 SC 2111)

·        N.Nambirajan vs The District Collector

Who is a Quack?

Quacks can be divided amongst 3  basic categories as under :

1.  Quacks with no qualification whatsoever.

2.  Practitioners of Indian Medicine (Ayurvedic, Sidha, Tibb, Unani), Homeopathy, Naturopathy, commonly called Ayush, who are not qualified to practice Modern Medicine (Allopathy) but are practicing Modern Medicine.

3.  Practitioners of so called integrated Medicine, Alternative System of Medicine, electro-homeopathy, indo-allopathy etc. terms which do not exist in any Act.

Provisions under Drugs and Cosmetics Act

Section 15 of the Act, provides that no person other than a medical practitioner enrolled on a "State Medical Register" shall practice modern scientific medicine in any State, the right of non-allopathic doctors to prescribe drugs by virtue of the declaration issued under the said Drugs Rules, by implication, got obliterated.

Regulating the practice of unqualified medical practitioners would result in the loss of precious human lives and it will also pose various health hazards. 

        Following students/persons/practitioners may also           cover under the category of Quacks:

SECTION 10B. NON-RECOGNITION OF MEDICAL QUALIFICATIONS IN CERTAIN CASES.

1. Where any medical college is established except with the previous permission of the Central Government in accordance with the provisions of section 10A, no medical qualification granted to any student of such medical college shall a recognised medical qualification for the purposes of this Act.

2. Where any medical college opens a new or higher course of study or training (including a postgraduate course of study or training) except with the previous permission of the Central Government in accordance with the provisions of section 10A, no medical qualification granted to any student of such medical college on the basis of such study or training shall be a recognised medical qualification for the purposes of this Act.

3. Where any medical college increases its admission capacity in any course of study or training except with the previous permission of the Central Government in accordance with the provisions of section 10A, no medical qualification granted to any student of such medical college on the basis of the increase in its admission capacity shall be a recognised medical qualification for the purposes of this Act. 

Explanation - For the purposes of this section, the criteria for identifying a student who has been granted a medical qualification on the basis of such increase in the admission capacity shall be such as may be prescribed. 

Meaning of Quack defined by Indian Courts :

Poonam Verma Vs. Aswin Paatel (AIR 1996 SC 2111)

A person who does not have knowledge of a particular System of Medicine but practices in that System is a Quack and a mere pretender to medical knowledge or skill, or to put it differently, a Charlatan.