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Its the Choice of the Doctor to decide one out of two treatments available: NCDRC

Its the Choice of  the Doctor to decide one out of two treatments available: NCDRC

It’s a choice of Doctors to choose one out of two options of Treatment…

Fracture – Whether to be fixed by Plaster or by nails and screws ? Whose choice it is ?

In a comparatively very short Judgment, the National Commission has recently dismissed the Medical Negligence Complaint, by reiterating its earlier views..

The case was when a Patient alleged that the Doctor was negligent as he fixed the fracture leg of the petitioner by nails and screws whereas it was not necessary…

The court  held :

1. Firstly the Complainant lost his case in State Commission, but could not file the Appeal within the statutory period. The National Commission on facts even dismissed the Delay condonation application itself as the reasons mentioned were very causal and not satisfactory !!

2. It further observed that Even on merits, the petitioner – complainant has no case..

3. Unfortunately for the petitioner, the expert Doctor whom the Petitioner examined as an expert, also opined that it was upto the treating doctor to decide to exercise one of the above two options. Thus, even if the respondent/OP opted to fix the fracture by nails and screws it cannot be termed as ‘medical negligence”.

This short judgment emphasizes important discretionary right available to Doctors.
It reminds me what Hon. Justice Dalveer Bhandari (as he then was.) observed in the celebrated judgment of Kusum Sharma V/s. Batra Hospital (C.A. No.1385/2001, decided on 10/02/2010)

” Negligence cannot be attributed to a doctor so long as he performs his duties with reasonable skill and competence. Merely because the doctor chooses one course of action in
preference to the other one available, he would not be liable if the course of action chosen by him was acceptable to the medical profession.”….

” It is our bounden duty and obligation of the civil society to ensure that the medical professionals are not unnecessary harassed or humiliated so that they can perform their professional duties without fear and apprehension.”

Thanks and Regards

Adv. Rohit Erande
Pune. ©

You can read the full judgement by clicking on the following link:-

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F3240%2F2016&dtofhearing=2017-04-06

Disclaimer: The views expressed in the above article are solely those of the author/agency in his/her private capacity and do not represent the views of Medical Dialogues.
Source: Self
4 comment(s) on Its the Choice of the Doctor to decide one out of two treatments available: NCDRC

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  1. Greedy patient misdirected by mischievous legal advisers 4 minting easy money. Shameful societal development that will b monstrous if not checked. Simultaneously medical education has been completely destroyed by venal politicians 4 business purposes.

  2. user
    Dr Ramesh Vardhan April 18, 2017, 5:13 pm

    Definitely it is not a case of MEDICAL Negligence . There is choice for buying a train ticket. Starting from 1st AC, 2nd and 3 Rd AC the cost of journey could be some where around Rs 2000, 1500, 1000, respectively . When it comes to Children and Senior CITIZENS it is less by 40 %. Comming next Non AC sleeper couch it is around ? 400, and in general compartment ? 200. The train, the journey and the destination and duration of journey remains the same. Depends up on the wallet / money ,different people purchase different tickets. Because there is a choice , ( at times it is a must). But every one can\’t afford the cost , still they have to travel, it is a sad situation. Isn\’t it ?. When you get a choice you always look at pocket and try to save as much as you can. ( Unless you have illegal money, or free of cost treatment/ insurance, unfortunately such numbers less than 15 to 20% . For The remaining 80% people it matters the most. That\’s why we have come out with policies which can beneficial for each and every one. Unfortunately even the COURTS fails to understand such issues . Why can\’t the Honorable Supreme Court compell the Government to implement compulsory HEALTH insurance to it\’s CITIZENS? ? ?. Or Why the Government HOSPITALS fail to provide such HEALTH CARE Facialities ?. When it comes to such issues , we are far behind , I can say very primitive. There are two countries with in, one the Rich India and second the poor Bharth. The main reason for this kind disparity , is / are the wrong policies of the respective GOVERNMENTS , it\’s guiding ( misguiding) forces the ? Babus the Burocrates. To see the changes bring in the PROFESSIONALS/ TECHNOCRATS. Other wise these problems will be the Same. Health care is basic need of every citizen , there fore it is responsibility of the state to provide the same. There are some state Governments providing HEALTH insurance to the Poor and needy. I wish other also learn from them. Didi oh Didi…….

  3. there should be fines imposed on appellant for fraudulent cases as it leads to wastage of time for doctors and the courts. this fine should be high enough to discourage such unnecessary cases

  4. user
    Ranasingh patil April 16, 2017, 11:25 am

    Nice information. Keep it up. Thanks