Narrow escape for Medicos to pay RS. 2CR Compensation

This case forced Rajasthan Govt to appoint a Fact finding Committee as well as Rajasthan Medical Council issued warnings to Doctors !!

The National Commission after perusing the medical record and the Medical Literature, observed that," Even if we assume that, after reading the ECG the patient was advised for tapering dose of vasopressor, it should borne in mind that, the patient was in the ICU since 30.05.2013. In the ICU patient will be kept under Cardiac monitors, therefore prudent doctor or physician will never totally rely upon the single point ECG as alleged . Therefore, we do not accept the complainants’ allegation that the Dcotors treated the patient on the basis of the mistaken ECG only. According to medical record, the patient was comatosed and was kept on ventilator, with continuous cardiac monitoring since 30.05.2013. The patient’s precarious condition was due to meningitis and tuberculoma in the brain which was already diagnosed, and a fatal one."

It relied on the famous judgment of Hucks v. Cole & Anr. (1968) 118 New LJ 469, wherein the legendary Lord Denning speaking for the court, observed as under:-

“a medical practitioner was not to be held liable, simply because things went wrong from mischance or misadventure or through an error of judgment in choosing one reasonable course of treatment in preference of another. A medical practitioner would be liable only where his conduct fell below that of the standards of a reasonably competent practitioner, in his field.”

I feel in Medical filed, the treatment is based on various reports and if the report is interchanged by mistake though, the patient has to suffer !! Its really said fro the parents who lost their daughter at such early age....
Hence, dear Medicos, be careful and learn from others mistakes, not every time you will be saved !

Thanks and Regards

Adv. Rohit Erande
Pune.