Query- i am orthopedic surgeon about one and half year back a patient presented to the emergency department with crush injury to his left hand received in farm in thrasher machine .
upon arrival a written consent was taken from the patient and prognosis explained to the patient with explanation of all modes of treatment and facilities available in the hospital were explained , patient wished to continue treatment with us .
His all finger recovered well. With only stiffness in fingers fixed with k wires , and amputation of half oh his distal phalnax of left ring finger ,
He was advised physiotherapy but he never visited for physiotherapy
i now received notice from his lawyer demanding compensation of 20 lacs , stating that he now cannot join armed forces due to his disability . he has been issued 20% disability of his left hand . he now wants to blackmail me and want to extract money blaming everything on my treatment .
though everything was done following the treatment protocol , and residual damage is coz of initial injury and not iatrogenic rather my treatment improved the condition and function of his hand .
plz advice me how to proceed further .
( name withheld for privacy reason)
Answer- This is a typical case of abuse of law. Lawyer appears to be working on sharing basis to get at least 50 percent of compensation. But you should not bow down but to fight professionally. Hire a good medico-legal consultant to defend you.
This case has no merits. In this case, request the judge to fine complainant for harassment or file a case of harassment after the case is finalized. You are welcome to contact us.
With warm regards,
Prof ( Dr ) R K Sharma
MBBS (AIIMS) , MD ( AIIMS), FIAMLE , FICFMT ,
President, Indian Association of Medico-Legal Experts , New Delhi
Former Head, Department of Forensic Medicine, All-India Institute of Medical Sciences, New Delhi
tel no 0091-9891098542
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