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Proper Informed consent of DNR saved doctors from paying Rs.20 lakhs.

Proper Informed consent of DNR saved doctors from paying Rs.20 lakhs.

Proper informed consent of DNR ( Do Not Resuscitate) saved Drs from Rs.20 lakhs of compensation…

Following is the case instance  of APOLLO SPECIALTY HOSPITAL & ANR., CHENNAI V/s. R. MUTHUKRISHNAN  before the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai

Decision Dated : 31 Aug 2016

Allegations of the Complainant :
1. The 12 year son of the Complainant was diagnosed as Acute Myeloid Leukemia (AML). Afterwards the Drs. forced Complainant to undergo Bone Marrow Transplant (BMT)) treatment urgently.

2. Thereafter due to further complications, the patient died. it was solely due to negligence on part of Drs. the hospital instead of giving palliative treatment, adopted DNR (do not resuscitate) protocol. Hospital did not give record within 72 hrs. The consent was taken by misrepresentation and suppression of material facts. The state Commission of Chennai allowed the Complaint. Hence the Appeal before National Commission was filed.

Held :
1. As per medical text books the disease AML is a dreaded disease of blood cancer, and due to suppression of immune system during the treatment, most of the patients develop several side effects like infections.

2. In the instant case, the patient was monitored by CMV investigations and accordingly the medication was given. The patient was already immunocompromised, thus develops infections and there was no cure. In our view, it can’t be considered to be a medical negligence or deficiency in service by the treating doctors.

3.In the instant case, extensive search was made by OP for matching BMT but no matching donor was identified.

4.The death of the patient was due to number of known complications, which are consequences of BMT. In our considered view, there was no medical negligence either in the procedure of BMT or in the care during post BMT complications. The patient was treated with proper informed as discussed by Hon’ble Supreme Court in Samira Kohli’s case 2008 (1) CTC.

Medicos, Great decision indeed. Informed consent is a condition precedent for any treatment. It is indeed unfortunate for any parent to lose their son/daughter at such early age. But we have to admit that Medical Science is not a complete science, but it’s a developing science and hence it has its own limitations… Drs. are aware it and patients are required to be made aware of it..

Thanks and Regds

Adv. Rohit Erande
Pune.

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F586%2F2015&dtofhearing=2016-08-31

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.
1 comment(s) on Proper Informed consent of DNR saved doctors from paying Rs.20 lakhs.

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  1. Is DNR legally permitted in India, as in the West? If so under what provisions and with what caveats? What if one son gives a DNR and another contests it later on?

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