Expert Opinion mandatory for deciding Medical Negligence Case, State Commission asks Gajraja Medical College to submit expert report
Bhopal: Upholding the rule that the opinion of an expert is necessary to prove or disprove medical negligence, the State Consumer Court of Madhya Pradesh recently overturned the order of the District Consumer Court, Gwalior, which had exonerated a doctor from charges of medical negligence without consulting the opinion of an expert.
Setting aside the lower court order, the State Commission has directed the District Commission to send all the medical records of the patient to the Dean of Gajraja Medical College Gwalior and get a medical expert opinion from the college.
Accordingly, the Dean of the Gajraja Medical College Gwalior has been asked to constitute a committee having doctors not below the rank of Assistant Professor in the field of Medicines and also in Surgery having at least 15 years of experience in their field.
After examining all the documents, the committee will submit its opinion and report with conclusion without being influenced by the doctors to the Dean, the Commission has ordered. the report will thereafter be sent to the District Commission.
The matter goes back to 2018 when the wife of the complainant had been admitted to Suyash Hospital with complaint of stomach pain. In Suyash Hospital she was diagnosed and operated for Hernia. Consequently, the treating doctor, Dr. Jain had performed surgery on the patient. However, the condition of the patient allegedly deteriorated and the patient was later referred to Sheetla Sahay Institute of Medical Science, (SSIMS). After being treating at SSIMS, she was referred to Dr. Ram Manohar Lohia Hospital, New Delhi on the next day. In SSIMS she was diagnosed as obstructed hernia operated/septicemia and in Dr. Ram Manohar Lohia Hospital she was diagnosed as obstructed hernia with septicemia with kidney injury with septic shock.
After the death of the patient, the complainants approached the District Commission alleging deficiency in service by Dr Jain and Suyash Hospital and alleged that the condition of the patient deteriorated while taking treatment from the concerned hospital.
While the complainants moved an application for calling all the medical treatment papers including the case sheets and for taking an expert opinion in this regard, the application was opposed by the hospital and the doctor.
In fact the District Commission had also dismissed the concerned application as it held that when the complainants do not agree to the case sheets filed by the opposite parties, therefore it is not proper to call medical expert report.
Challenging the order of the District Commission in this regard, the Complainants approached the State Consumer Court seeking relief. The counsel for the complainants argued that the District Commission has committed a grave error in dismissing the application for calling medical expert opinion.
It was argued by the counsel for the complainants that the District Commission has ignored the principles laid down by the Supreme Court, the National Commission and the State Commission in the cases of medical negligence.
Referring to the fact that the medical record submitted by the treating hospital is 100-150 pages long, the counsel for the complainants argued that only a medical expert can examine the medical record and the concerned medical literature. It was further submitted by the complainants that the submissions of the hospital and the doctors cannot be termed as gospel truth.
After considering the submissions made by both the parties, the State Consumer Court opined that "the medical papers like X-Ray and Pathological Tests reports and other investigation reports as also case-sheets must have been kept by the hospital because as per Indian Medical Council Act, wherein it has been specifically mentioned that Every physician shall maintain the medical records pertaining to his/her indoor patients for a period of 03 years from the date of commencement of the treatment in a standard proforma laid down by the Medical Council of India. On demanding the same by the patient’s attendants it ought to have been provided to them as per Indian Medical Council Act, 1956 and Indian Medical Council Regulations 2002."
At this outset, the bench also referred to the Supreme Court order in the case of Savita Garg Vs National Heart Institute where the top court had held that “The burden is greater on the institution/hospital than that on the claimant. In any case, the hospital is in better position to disclose what care was taken or what medicine was administered to the patient. It is the duty of the hospital to satisfy that there was no lack of care or diligence.”
Therefore, holding that there is nothing wrong to take an expert's opinion, the consumer court bench observed, "If the opposite parties/respondents have treated the patient properly and take care of her and there is no negligence on their part then there is no reason or occasion for them to oppose the prayer of the complainants/petitioners for calling medical expert opinion, if the complainants/petitioners prayed for the same."
Setting aside the order of the District Commission, the State Commission held,
"In view of the above, by setting aside the impugned order we allow the application filed by the petitioners before the District Commission. The District Commission is directed as per relevant provisions of Medical Council Regulations 2002 as mentioned hereinabove call all the medical record of the patient from the opposite parties/respondents and thereafter send all the medical record regarding treatment of patient produced by the complainants and the opposite parties to Dean, Gajraja Medical College Gwalior and call a medical expert opinion from the College."
"The Dean, Medical College is directed to constitute a committee having doctors not below the rank of Assistant Professor in the field of Medicine as also in Surgery having at least 15 years’ experience in their field, who after examining all the documents will submit their opinion/report with conclusion without being influenced by the opposite parties doctors to the Dean and thereafter the Dean will send the report along with record to the District Commission," further read the order.
To read the order, click on the link below:
https://medicaldialogues.in/pdf_upload/mp-state-commission-expert-committee-198598.pdf
Also Read: Expert Opinion mandatory before prosecuting Doctors facing Medical Negligence charges: HC
