Medical Dialogues
  • Dermatology
Login Register
This site is intended for healthcare professionals only
Login Register
  • MD Brand Connect
  • MDTV
    • Breaking News
    • Medical News Today
    • Health News Today
    • Latest
    • Journal Club
    • Medico Legal Update
    • Latest Webinars
    • MD Shorts
    • Health Dialogues
Medical Dialogues
  • Medical News & Guidelines
      • Anesthesiology
      • Cardiology and CTVS
      • Critical Care
      • Dentistry
      • Dermatology
      • Diabetes and Endocrinology
      • ENT
      • Gastroenterology
      • Medicine
      • Nephrology
      • Neurology
      • Obstretics-Gynaecology
      • Oncology
      • Ophthalmology
      • Orthopaedics
      • Pediatrics-Neonatology
      • Psychiatry
      • Pulmonology
      • Radiology
      • Surgery
      • Urology
      • Laboratory Medicine
      • Diet
      • Nursing
      • Paramedical
      • Physiotherapy
  • Health news
      • Doctor News
      • Government Policies
      • Hospital & Diagnostics
      • International Health News
      • MCI News
      • Medical Organization News
      • Medico Legal News
      • NBE News
      • NMC News
  • AYUSH
    • Ayurveda
    • Homeopathy
    • Siddha
    • Unani
    • Yoga
  • State News
      • Andaman and Nicobar Islands
      • Andhra Pradesh
      • Arunachal Pradesh
      • Assam
      • Bihar
      • Chandigarh
      • Chattisgarh
      • Dadra and Nagar Haveli
      • Daman and Diu
      • Delhi
      • Goa
      • Gujarat
      • Haryana
      • Himachal Pradesh
      • Jammu & Kashmir
      • Jharkhand
      • Karnataka
      • Kerala
      • Ladakh
      • Lakshadweep
      • Madhya Pradesh
      • Maharashtra
      • Manipur
      • Meghalaya
      • Mizoram
      • Nagaland
      • Odisha
      • Puducherry
      • Punjab
      • Rajasthan
      • Sikkim
      • Tamil Nadu
      • Telangana
      • Tripura
      • Uttar Pradesh
      • Uttrakhand
      • West Bengal
  • Medical Education
      • Ayush Education News
      • Dentistry Education News
      • Medical Admission News
      • Medical Colleges News
      • Medical Courses News
      • Medical Universities News
      • Nursing education News
      • Paramedical Education News
      • Study Aborad
  • Industry
      • Health Investment News
      • Health Startup News
      • Medical Devices News
      • Pharma News
      • Pharmacy Education News
      • Industry Perspective
  • MDTV
      • Health Dialogues MDTV
      • Health News today MDTV
      • Latest Videos MDTV
      • Latest Webinars MDTV
      • MD shorts MDTV
      • Medical News Today MDTV
      • Medico Legal Update MDTV
      • Top Videos MDTV
      • Health Perspectives MDTV
      • Journal Club MDTV
      • Medical Dialogues Show
This site is intended for healthcare professionals only
LoginRegister
Medical Dialogues
LoginRegister
  • Home
  • Medical news & Guidelines
    • Anesthesiology
    • Cardiology and CTVS
    • Critical Care
    • Dentistry
    • Dermatology
    • Diabetes and Endocrinology
    • ENT
    • Gastroenterology
    • Medicine
    • Nephrology
    • Neurology
    • Obstretics-Gynaecology
    • Oncology
    • Ophthalmology
    • Orthopaedics
    • Pediatrics-Neonatology
    • Psychiatry
    • Pulmonology
    • Radiology
    • Surgery
    • Urology
    • Laboratory Medicine
    • Diet
    • Nursing
    • Paramedical
    • Physiotherapy
  • Health news
    • Doctor News
    • Government Policies
    • Hospital & Diagnostics
    • International Health News
    • MCI News
    • Medical Organization News
    • Medico Legal News
    • NBE News
    • NMC News
  • AYUSH
    • Ayurveda
      • Ayurveda Giuidelines
      • Ayurveda News
    • Homeopathy
      • Homeopathy Guidelines
      • Homeopathy News
    • Siddha
      • Siddha Guidelines
      • Siddha News
    • Unani
      • Unani Guidelines
      • Unani News
    • Yoga
      • Yoga Guidelines
      • Yoga News
  • State News
    • Andaman and Nicobar Islands
    • Andhra Pradesh
    • Arunachal Pradesh
    • Assam
    • Bihar
    • Chandigarh
    • Chattisgarh
    • Dadra and Nagar Haveli
    • Daman and Diu
    • Delhi
    • Goa
    • Gujarat
    • Haryana
    • Himachal Pradesh
    • Jammu & Kashmir
    • Jharkhand
    • Karnataka
    • Kerala
    • Ladakh
    • Lakshadweep
    • Madhya Pradesh
    • Maharashtra
    • Manipur
    • Meghalaya
    • Mizoram
    • Nagaland
    • Odisha
    • Puducherry
    • Punjab
    • Rajasthan
    • Sikkim
    • Tamil Nadu
    • Telangana
    • Tripura
    • Uttar Pradesh
    • Uttrakhand
    • West Bengal
  • Medical Education
    • Ayush Education News
    • Dentistry Education News
    • Medical Admission News
    • Medical Colleges News
    • Medical Courses News
    • Medical Universities News
    • Nursing education News
    • Paramedical Education News
    • Study Aborad
  • Industry
    • Health Investment News
    • Health Startup News
    • Medical Devices News
    • Pharma News
      • CDSCO (Central Drugs Standard Control Organisation) News
    • Pharmacy Education News
    • Industry Perspective
  • Home
  • News
  • Blog
  • Dismissed: 50 lakhs...

Dismissed: 50 lakhs claim blaming that patient died due to Gangaram Doctor's illegible presciption

Meghna A SinghaniaWritten by Meghna A Singhania Published On 2018-03-12T14:14:10+05:30  |  Updated On 12 March 2018 8:44 AM GMT
Dismissed: 50 lakhs claim blaming that patient died due to Gangaram Doctors illegible presciption
  • facebook
  • twitter
  • linkedin
  • whatsapp
  • Telegram
  • koo
  • Email

A Claim of Rs. 50 lakhs blaming that a patient died because Doctor's illegible handwriting lead pharmacist to give wrong medicines was recently dismissed by the state forum.In an interesting case, the Delhi State Consumer Forum dismissed the claim of Rs.50 Lakhs as it was outside the purview of CPA.Case Details :Mrs. Vimla V/s. Dr. Ashwani Gupta and Sir Ganga Ram Hospital,...

A Claim of Rs. 50 lakhs blaming that a patient died because Doctor's illegible handwriting lead pharmacist to give wrong medicines was recently dismissed by the state forum.

In an interesting case, the Delhi State Consumer Forum dismissed the claim of Rs.50 Lakhs as it was outside the purview of CPA.

Case Details :
Mrs. Vimla V/s. Dr. Ashwani Gupta and Sir Ganga Ram Hospital, Delhi.
Compliant No.46/2018, decided on 13/02/2018.

Facts in Short :

1. The Complainant alleged that her husband died because of wrong medicines given to him. Instead of "Ketropol-DT" some other medicine was given to her husband and this was solely because of misreading or the ill-handwriting of the Doctor on the prescription. The pharmacist due to misreading of the medicine issued him medicines contrary to one prescribed.

2. That other Medicine had side effects and caused the death of a patient. The complainant filed the complaint claiming Rs.50 lakhs compensation from the Opponents stating that her husband succumbed to the death on account of gross medical negligence on part of Doctors and Hospital in the treatment given to her husband.

Held :

1. The State Forum after perusing the record and documents came to the conclusion that the present compliant itself was maintainable as it was not a consumer dispute and thus dismissed the same and asked the Complainant to approach appropriate forum.

2. The Forum came to the conclusion relying on a judgment of National Commission in the case of Bright Transport Company Ltd. Vs. Sangli Sehkari Bank Ltd. reported in II(2012) CPJ 151 (NC) decided on 12.01.2012 have held as under:-
“We must consider the question whether this Commission in exercise of its summary jurisdiction would be able to adjudicate on the issues arising on the complaint in an effective manner. If this Commission ventures to do it, it may have to record the evidence of all those persons whose evidence was collected by the CBI. It is only after detailed examination and cross examination of those witnesses and the documentary evidence i.e.voluminous record involved in the said bank transactions that the Commission may perhaps be able to adjudicate on the said question. We have, therefore no hesitation to hold that the complaint indeed raises very complicated question of facts and law which can only be answered by a regular Civil Court and the complainants should be relegated to the Civil Court to work out their remedy for the entire claim made by them in the present complaint or this Commission can decide upon the claim in regard to which there is no dispute between the parties.”

Well, with all the due respect to the Hon. Forum, it is humbly submitted that this judgment may be challenged in the Appellate Forum and the legal professionals may have contrary opinion.

But the main allegation also should not be overlooked. The Handwriting of Doctors has always been the subject matter of chuckles. Nowadays as per my knowledge, (I am open for correction) the Doctors have been asked by MCI to write Prescriptions in Upper case and same should be readable. Many Doctors also give written prescriptions and which shall certainly avoid any such disputes. Already there are umpteen numbers of reasons for filing Medical Negligence cases and this one is an addition to it. SO be careful.

Read Also: Warning: Not Writing in CAPITAL, can lead to Spell TROUBLE for doctors

Thanks and Regards,

Adv. Rohit Erande
Pune. ©

Judgment Link :

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=8/0/CC/46/2018&dtofhearing=2018-02-07

Read Also: Doctor’s Bad handwriting Confuses High Court, brings proceedings to halt
Meghna A Singhania
Meghna A Singhania

    Meghna A Singhania is the founder and Editor-in-Chief at Medical Dialogues. An Economics graduate from Delhi University and a post graduate from London School of Economics and Political Science, her key research interest lies in health economics, and policy making in health and medical sector in the country.She is a member of the Association of Healthcare Journalists. She can be contacted at editorial@medicaldialogues.in. Contact no. 011-43720751

    Show Full Article
    Next Story
    Similar Posts
    NO DATA FOUND

    Editorial

    Journal Club Today

    Health News Today

    © 2022 All Rights Reserved.
    Powered By: Hocalwire
    X