No Guarantee in Medical Treatment- NCDRC

Held that :
The National commission after going through the record, relied upon the contention of Hospital that treatment was given as per Std. protocol between six to twenty four hours; which is within permissible limit for re-implantation and amputated part was also well preserved.considered view that the right index finger was completely amputated, separated, due to crush avulsion injury. The plastic surgeon tried for the microvascular surgery for re-union after diagnosis was correct that“total amputation and disarticulation of right index finger at the level of PIP joint” It was also found that fingertip was not viable. The notes also reveald that the patient left hospital, without informing doctor, nurse or any of the hospital personnel and had to amupte her Finger due to Gangrene in some Govt. Hospital.
The commission relied on the findings of Apex Court in the case of Martin F. D’Souza Vs. Mohd. Ishfaq, AIR 2009 SC 2049, wherein the Apex Court held as under:

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

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This judgment throws light on the fact that any professional much less a Doctor will guarantee the 100% result in favour of the client/patient. What he/she can and must do is all out efforts with the knowledge and experience which one has. No Star & Moon promises..

thanks and regards

Adv. Rohit Erande
Pune.

You can read the full judgement here