Consumer fears to fight against doctors
(Doctors are the influential persons of the society)
Here is the news of the day -The Maharashtra Association of Resident Doctors (MARD) called an indefinite strike on 20th May, demanding increased security in hospitals, after two doctors, including a woman doctor, were allegedly beaten up by a patient’s relatives. Zaida Sanaullah Sheikh (45), a resident of Mumbra, died who was being treated for a gall bladder ailment. At the state-run JJ Hospital and doctors were alleged responsible for the same
The question here arises as to what way the consumers gain with this type of action and taking law of the land in hands .Instead, they weaken their case before the court of law by giving opportunity to the wrong doers to temper the documents well before time. It’s high time now to realize and understand that after such high voltage drama, it is the law which has to ultimately deal with the things and we need to know the law for every situation. When we make hue and cry over an incident that some hospital refused to admit a pregnant women, we need to understand first what the law says on the issue .We are in no way in mood to favour erring doctors but surely warn the consumer to deal seriously with their case.
TheApex Court had an occasion to go into this question in the case of Dr. Laxman Balkrishan Joshi v. Dr. Trimbak Bapu Godbole and Anr., AIR 1969 SC 128.In this context, with reference to the duties of the doctors to the patient, this Court, in appeal, observed as follows:
“The duties which a doctor owes to his patient are clear. A person who holds himself out ready to give medical advice and treatment impliedly undertakes that he is possessed of skill and knowledge for the purpose. Such a person when consulted by a patient owes him certain duties, viz., a duty of care in deciding whether to undertake the case, a duty of care in deciding whether treatment to give or a duty of care in the administration of that treatment. A breach of any of those duties gives a right of action for negligence to the patient.”
Its ample clear from the above that doctor has to take care in deciding whether to undertake the case and that care involves the facts whether doctor or nursing home or hospital has proper infrastructure or expert doctor or proper arrangement for treatment of the particular ailment. In such situation admitting or refusing to admit the patient depends on the above factors, hence doctor not guilty if takes appropriate decision.
Doctors do not give opinion against fellow doctor; fears consumer
Its true that a medical man only can spell out what went wrong while treating the patient, hence expert opinion is an important document .But is not the patient who is always asked to bring expert opinion It is the redressal agency also who sends papers for expert opinion from Govt Hospitals and even from medical associations.A committee is constituted by the hospital with specialists of the particular area and they go through the treating record and make observations with their opinion. At times, medical association have also given opinion unfavorable to their fellow doctors and terminated their license for several weeks or months. And where consumer and opposite parties both have arranged expert opinion, court on its own has asked for third opinion from reliable sources. So, it is the consumer to become more active and help the court by providing relevant papers. If sequence of facts, medicines prescription and history sheet, discharge summery etc are not available by any reason, no opinion can be made out of half papers and this is also found a big drawback for failure of the case.
Medical literature when does not help consumer
.There are articles/medical literature referred from various medical journals before the redressal agencies in order to support their act by the doctors. Some of them are just articles, views, may not be established and recognized practice under the accepted norms under the medical science. Consumer must understand that Consumer forums do scrutinize all the material placed on record and such material may not draw much weitage in compare to established norms
Material facts not revealed by the patient to the doctor
This is also observed that sometimes patient hides certain material facts from the doctor which if known to the doctor ,he could have chosen another method of treatment There is a unique case relevant to be referred here to understand the situation. The case was filed by a retired doctor from defense on behalf of his wife alleging the doctor for negligence while doing plaster surgery on the breast of his wife which was said to be small in size in compare to the other breast .Patient wanted it to be made of equal size and it was just a cosmetic surgery .Surgery was performed by inserting/implanting artificial breast to the short size and both the breasts were made of equal size successfully. After some time complainant complained about pain and irritation which gradually became unbearable. After a lot of discussions, allegation and counter allegation the fact came on the surface that the lady had undergone cancer operation on the breast sometimes ago which made one breast smaller. As per the medical advice, for doing another surgery on the same place, dead tissues are to be revived first by applying suggested medicines and then surgery could be performed. In this case the padding which was stuffed in the breast was not the correct padding under the circumstances as the actual fact of cancer operation was not known to the treating doctor. This was a case fought to the tooth and nail by a person who himself was a doctor and had plenty of literature but failed.
Lacking good drafting fails the case
It is true that engaging advocates is not essential for the consumers but it being a technical area, medical cases require good drafting. For giving full facts in chronological order, good drafting is the first requirement. Unfortunately in our country poor consumers are not in the position to shell out more money after they have lost their battle in fighting with the ailment .More so consumer think, consumer courts can take care of the things once they have filed the case and they miss active participation with full datas and documents before the court.
The other factor is the pre-conceived notion in the mind that once doctor has charged a huge amount and prescribed costly medicines, ailment must get cured irrespective of the fact that they approach the doctor when disease has crept deep into the body. Not only that ,there are many other factors like old age ,patient having high BP problem or diabetes due to which certain medicines cannot be given which could otherwise be more effective. Medical practitioner is not an insurer and is not to be blamed every time something goes wrong in treating the patient as held by the Supreme Court in number of cases.
Dr Prem lata . .
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