Human body is like a highly complex machine, doctor could not assure full recovery of patient: NCDRC absolves cardiologist, general physician, hospital
Delhi: Holding no deficiency of service on part of the hospital and doctors, the National Consumer Dispute Redressal Commission (NCDRC) has dismissed a complaint against a hospital and its doctors including a cardiologist and general physician accusing them of not admitting the patient ICU till the arrival of the Cardiologist or that Oxygen was not given and there was a delay in the treatment of the patient.
" It should be borne in mind that we are dealing with a case of alleged medical negligence and thus need to analyze whether the treating doctors or hospital failed in their reasonable duty of care. The medical record of the Care Hospital is a vital document to prove the medical negligence if any."
" There was past medical history of diabetes and the ECGs were confirmatory of acute MI (STEMI). Therefore, we cannot rule out the possibility that the patient developed cardiac problems during the nine months. We note that the doctors made all efforts to resuscitate the patient from the cardiac arrest but could not revive the patient. In our view, they performed their duty with a reasonable standard of care. We do not find any deficiency either from the hospital or the treating doctors."
"The skill of medical practitioner differs from doctor to doctor. The nature of the profession is such that there may be more than one course of treatment which may be advisable for treating a patient. Courts would indeed be slow in attributing negligence on the part of a doctor if he has performed his duties to the best of his ability and with due care and caution. Medical opinion may differ with regard to the course of action to be taken by a doctor treating a patient, but as long as a doctor acts in a manner which is acceptable to the medical profession, and the court finds that he has attended on the patient with due care skill and diligence and if the patient still does not survive or suffers a permanent ailment, it would be difficult to hold the doctor to be guilty of negligence."
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