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Side Effects of prescribed Medicine: Neurologist asked to Pay Rs 90,000

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Side Effects of prescribed Medicine: Neurologist asked to Pay Rs 90,000

Banglore: Holding negligence on the part of a neurologist, in prescribing a medicine that caused side-effects on a 9-year seizure patient, the Bangalore Additional District Consumer Disputes Redressal Forum asked the doctor to pay a compensation of Rs 90,000 to a patient.

The case pertained to the treatment of a 9 year old patient, who along with her mother consulted Neurologist, Dr. Vaikunataraju with complaints of neurolgical problems. The doctor adviced EEG for the patient and post the reports, prescribed medicines to the patient. The family of the patient alleged that the doses of the medicine were too high, due to which she has suffered with continuous fever.

The patient’s family then took her to a pediatrician, who referred her back to the neurologist. While the patient had made the pediatrician a party to the case, the forum dismissed the case against him.

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The patient was then admitted to St. Martha’s Hospital from 01.02.2014 to 14.02.2014, who admitted the patient for STEVEN JOHNSON SYNDROME after taking T.CARBAONA, the treatment for which costed them Rs 1,00,000. The family pointed out that they could not afford the treatment being a tender coconut seller. Hence the plea with the forum

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The doctors in their defense highlighted that  Dr. Vaikunataraju, qualified pediatric neurologist treated several similar patients who diagnosed her actual disease which is “SEIZURE DISORDER’ and prescribed the recommended drug of the choice for the particular seizure is “Tab Carbamazepine” which is the drug recommended by the various medical bodies.The correct dosage of a drug is prescribed as per the patient’s body weight and while prescribing the said drug it was duly instructed the complainant and also written on the prescription about the probable side effects of the drug and in case any rashes or fever develops the drug to be stopped immediately, since the ‘Carbamazepine’ tablet is the drug for the particular seizer inspite of side effects.

The Neurologist clearly explained the complainant about the usage of the drug, the complainant
had continued the drug against to medical advice and did not approach him. After consulting several doctors at the belated time met the neurologist then he diagnosed the said side effects caused due to the drug idiosyncratic reactions and advised to stop the drug immediately. The reported frequency of serious carbamazepine hypersensibility reaction is between 1/1000 and 1/10000 new exposure to the drug (Ref– Tennis P, stern RS, Risk of serious cutaneous disorders after initiation of use of phenytion, carbamazepine or sodium valproate, a record linkage study)

He stated that being a child neurologist, after diagnosing the particular problem started the treatment appropriately with correct dosage and explained its side effects and proper advise was given and even written on the prescription, but it was not followed. The allegations of the complainant that very high dosage is incorrect, the side effect will cause to such patients even very low dose also

He also stated that the patient was admitted to St. Martha’s Hospital for STEVEN JOHNSON SYNDROME after taking T.CARBAONA ZEPINE may be true but it is due to the negligence of complainant and belayed diagnosis.

The court reiterated the case and observed

It may be true opposite party No.1 (neurologist) might have written on the prescription if he has informed about the side effects of the drug to the complainant, the complainant might not have continued or used the drug till side effects appeared on the body of the complainant’s child. According to complainant the side effect was caused due to taking the drug but not dosage.

The side effects will cause to the patients even very low dosage is given. When opposite party No.1 was aware of the side effects of the drug T.Carbamazepine he should have avoided giving such drugs to a child.

…. In the present case opposite party No.1 prescribed Tb. Carbamazepine to the girl knowing very well that it may cause side effects. It means that he knows about the resulting damage…..

It is the legal duty of a doctor to exercise due care, injury resulting from the act or omission amounting to negligence. All the documents produced by the complainant clearly establish the case of the complainant and reveals about the deficiency of service on the part of the opposite party No.1.Complainant also produced the photographs of the child which reveals about the pathetic condition of the child and how much she suffered

The Bengaluru II Additional District Consumer Disputes Redressal Forum comprising of president T Shobhadevi, members Balakrishna V Masali and V Anuradha, on January 1, 2018,  rthen ordered Neurologist Dr Vaikuntaraju to pay Rs 70,000 towards medical expenses, Rs 10,000 towards  mental agony, and Rs 10,000 towards litigation expenses

Source: self
109 comment(s) on Side Effects of prescribed Medicine: Neurologist asked to Pay Rs 90,000

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  1. It will discourage Dr\’s to prescribe appropriate medicines to patient. It should be challenged in higher court 4 d Dr community.

  2. user
    Dr G V Ramana Rao January 21, 2018, 6:57 pm

    It is rather unfortunate that the neurologist is at the receiving end even though he is not guilty of any negligence.The illiteracy and poverty of the patient is one reason for not complying with the doctor\’s advice.This is a fairly common experience with doctors prescribing Carbamazepine,Oxcarbazepine,Phenytoin,Phenobarbitone,Lamotrigene,etc for seizure disorders and some psychiatric conditions as well.It is rather unfair that the judiciary did not refer the case to a medical board before giving judgement.This will b e a unwelcome precedent to punish the doctors who practice medicine in a scientific manner.

  3. user
    Dr. Swaroop Gopal January 21, 2018, 8:31 am

    Sad state of judiciary. No knowledge about developments in any field so judgements can be erroneous. Higher court to the rescue.

    Learning curve for IMA where a select doctors should opine before judgement is passed.

  4. the doctor can easily challenge this decision in higher court since there is not a single medicine in this world without a possible side effect thus all doctors should stop prescribing medicines??
    this decision is mistake only since a non medical professional can not understand the cases without help of an expert medical panel.

  5. user
    C.P Rabindranath January 19, 2018, 9:53 am

    It is imperative that we do not judge the judge when he passes the judgement based on the evidence produced and not on the prevailing medical opinion and information.. The discrepancy of the defense council by not producing sufficient evidence could be the cause. Was an expert opinion sought? Did the IMA or MCI whom we represent defend the doctor?

  6. Firstly this was a consumer redressal forum and was not presided by a judge. Secondly this article makes it clear that the relevant details were presented to the panel. Thirdly a panel such as this should have a duty to make themselves aware of simple facts.
    Would the panel persecute a candy seller if a child developed an allergic reaction after having peanut candies.
    This judgement is more akin to vigilantism.

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