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Court Quashes Allegations Against Doctors Without Proofs: Medicolegal

The Patient was examined and treated by Physicians, Surgeons, Gastroenterologist, Neurosurgeons and Chest physicians who all were arrayed as Opponents in the case along with the Hospital… But all were saved by the Hon. Delhi State Commission.

Case Details :
Sh. Gurdev Singh V/s. Mata Chanan Devi Hospital, New Delhi & ors.
Complaint Case No. 07/2003, decided on 21/03/2017
Link :
http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=8%2F0%2Fc-07%2F2003&dtofhearing=2017-03-21

Facts in short :

1. The complainant, the husband of deceased patient Smt. Devinder Kaur filed the case for medical negligence against the Hospital and the Doctors for Rs.20 lakhs.

2. The 65 yrs patient was admitted to the said hospital on the night of 12.08.2002 when she felt pain in her abdominal region and she was shifted to ICU until 16.08.2002. As she was the CGHS patient, the Hospital Authorities asked the Complainant not to worry about the expenses.

3. On 21.08.2002, she was again shifted to ICU and was kept on ventilator. On 27.08.2002, she was shifted to Ward and a Tracheotomy was conducted. But the patient started showing symptoms of madness. The Complainant’s main grievance is that in the morning of 29.08.2002 when the patient was taking tea and biscuits, she was offered a tablet and after taking that tablet, she was shifted to ICU in the state of cardiac arrest. She was not passing Urine. It was found that the catheter was not properly adjusted. Total Hospital Bill was about Rs.1,32,720/-. Lastly, she was shifted to Apollo Hospital, where she took her last breath on 14.12.2002. Hence the case was filed.

4. The Doctors vehemently defended their case and denied all the allegations. It was stated that the patient was the case of long-standing diabetes mellitus with neuropathy, hypertension and stress fracture of D 11-L 1. She was referred and treated by to Physicians, Surgeons, Gastroenterologist, Neurosurgeons and Chest physicians as and when required. The Cardiorespiratory arrests were the result of poorly treated diabetes mellitus and obesity and its related complications. It was also submitted the medical record and discharge summary of Apollo Hospital were not filed.

Held :
1. The Matter was referred to the expert committee by the Commission. The Expert Committee in its report clearly opined that the treatment given to the deceased was proper and there was no negligence on part of Doctors. This report was relied upon by the Commission and moreover, this report was not challenged by the Complainant.

2. The Commission observed that the Complainant made allegations without proofs. There was no iota of evidence to prove the allegations that wrong medicine was administered or there was maladjustment of catheter and Complainant has made a bald allegation that a minor difficulty of pain in the left abdominal region led to the loss of life !!
Almost 6 Doctors from different specialties treated her and she was recovering also. She, however, developed anoxia and encephalopathy in third cardio-respiratory arrest

3. Moreover, there was no record of any medical treatment for the period of 105 days after her discharge from Opponent Hospital. Thus the case was dismissed.

4. The Loss of companionship to the Complainant is unquantifiable in terms of money. However, the law does not act on emotions, but on proofs. In the instant case, almost all the Specialists were involved and they were trying to save the life of the Deceased. No Doctor would ever want to lose his/her patient’s life.
One more fact, the patient was heavy diabetic. It is said that India will be ( or is ?) the capital diabetes patients and people must know how to control this disease. Uncontrolled diabetes is the main internal enemy for any medical treatment. So let us have a healthy lifestyle. That’s why it is said,
“शरीरमाद्यं खलु धर्मसाधनम् ।” meaning “Body is an instrument for all (good) deeds, thus good health is very important for everyone..”

Thanks and Regards,

Adv. Rohit Erande
Pune.©

Complaint Case No. 07/2003

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Founder of the desimedicos.com. Doctor by profession & a techie by hobby. MBBS from TNMC, Mumbai & MD Pharmacology from GSMC, Mumbai. Follow me https://twitter.com/drpcoli

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