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Just because patient suffered bad outcome of medical treatment, does not accrue automatic right to sue hospital or doctor for compensation: NCDRC
Delhi: "Just because a person suffers from a bad outcome of medical treatment, does not accrue an automatic right to sue the hospital or doctor for compensation," making this observationon the NCDRC dismissed the charges of medical negligence against a private doctor.The case concerns a patient who developed uro-sepsis and passed away later during treatment. The petitioner, son of the...
Delhi: "Just because a person suffers from a bad outcome of medical treatment, does not accrue an automatic right to sue the hospital or doctor for compensation," making this observationon the NCDRC dismissed the charges of medical negligence against a private doctor.
The case concerns a patient who developed uro-sepsis and passed away later during treatment. The petitioner, son of the deceased patient approached the forum alleging medical negligence against the doctor and clinic.
Therefore the active management of cancer was not advised and life expectancy despite the treatment was drastically restricted. Such patients with general debility are prone for urinary complications. In our considered view, the death of the patient was due to advanced cancer with lung and liver metastasis; it was neither due to negligence nor deficiency in service during the treatment from the Opposite Parties. It should be borne in mind that " No cure is not negligence of doctors".
The condition of the patient did not improve despite proper treatment. It resulted into the death of the patient. Therefore, just because a person suffers from a bad outcome of medical treatment, does not accrue an automatic right to sue the hospital or doctor for compensation. We do not find any medical error to be considered as negligent in the instant case. It was the reasonable care exercised by the doctor.
Sanchari Chattopadhyay has pursued her M.A in English and Culture Studies from the University of Burdwan, West Bengal. She likes observing cultural specificities and exploring new places.