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Apr13

SHOULD A DOCTOR GURANTEE SUCCESS OF TREATMENT  OR SURGERY TO  PATIENT ?

 

Prof.Dr.Dram,profdrram@gmail.com,Gastro Intestinal,Liver Hiv,Hepatitis and sex diseases expert 7838059592,943414355    www.blogspot.com/drnakipuria     www.bhartiyanews24x7.com    www.bhartiyanews24x7.net



Often as other commercial activities,business or undertaking,there is always a written or oral committment that Commercial transactions,actions or service will yield a result which can be measures as 100% success or half or a fraction of any metric scale. but Medical service is an exception to it.

 

     Although Medicine is not that simple,inspite of Doctor's best will,knowledge and providing treatment or surgery to a patient it's outcome cannot be assured as 100% with no complication or less recovery,some time,some unwanted complications do come inspite of best precautions as Our Science is still learning Human Anatomy,patho physiology immuno response of our body to different insult caused by biological or mettalurgical substances.

              Although it is a fact and 100% truth but still under pressure,politicians,bureaucrats and judges of this country has made a Doctors  as pure business persons who donot treat or serve but always doing a business, taking money in pvt clinic or hospital or render service in Govt Hospital against salary so as per these rulers of our nation,Doctor is not serving ,treating or curing a diseased person who need Doctor's service badly otherwise life may end but doing business ad patient is not a patient but a consumer,Therefore Doctors of both pvt and Govt sector are tried in Consumer Court although these governors or law makers always accept that many times it is not Dava but Daya or Dua works in curing a patient and whenever there is danger to life of some reputed celebrities of our country,Dua or daya or pray is started all over country by the public.

                      So Consumer Court is a sword on Doctors and day by day this sword is being sharpened by judges and now so much compensation in crores are lebelled on doctors that all Doctors are afraid of it and always pray that they should be spared of this at least in practice but now with online complains,easily spreading it against doctors in social media, electronic or printed media These Consumer Cases are often lodged against Doctors by few persons or lawyers to defame doctor or squeeze money where mostly Doctors are not at fault at all.

             So there is a biq question,Should a Doctor gurantee success of a treatment or surgery as 100% in metric scale? The answer is simple.No doctor can or should give 100% guarantee that the treatment or surgery would be beneficial for the patient. No guarantee is or should be given by any doctor or surgeon that the patient would be cured. Except simple OPD Consultancy where Patient submitting for simple clinical examination to a doctor where Consent is assumed to be taken otherwise for every other examination,test or procedure or surgery a consent from patient in presence of witness is a must .

          So In OPD or with consent ,The only assurance which a doctor can give or can be understood to have given by implication is that he is possessed of the requisite skill in that branch of profession which he is practising and while undertaking the performance of the task entrusted to him he would be exercising his skill with reasonable competence.No Gurantee of success is provided rather many unto ward complications by giving medicines or tests or procedure or surgery are mentioned which may occur and Doctor or hospital cant be made responsible for this.But inspite of all these undertakings Doctors or hospitals are routinely dragged from Consumer to civil or criminal court too beside writing to MCI to cancel registration and Government Authorities to bar clinic or hospital or suspend doctor.

       In the matter titled as “P. B. Desai versus State of Maharashtra, AIR 2014 SC 795, the Hon’ble Apex Court has held that:“39. (c) to exhibit reasonable skill: The degree of skill a doctor undertakes is the average degree of skill possessed by his professional brethren of the same standing as himself. The best form of treatment may differ when different choices are available. There is an implied contract between the doctor and patient where the patient is told, in effect, “Medicine is not an exact science. I shall use my experience and best judgment and you take the risk that I may be wrong. I guarantee nothing.”

In the matter Malay Kumar Ganguly vs Sukumar Mukherjee & Ors. AIR 2010 SC 1162, the Hon’ble Supreme Court of India has held that:“INDIVIDUAL LIABILITY OF THE DOCTORS There cannot be, however, by any doubt or dispute that for establishing medical negligence or deficiency in service, the courts would determine the following:

i) No guarantee is given by any doctor or surgeon that the patient would be cured.

In the landmark judgement of Jacob Mathew Petitioner v. State of Punjab & Anr. 2005 (3) CPR 70 (SC) the Hon’ble Supreme Court has held that:

Para 20: ….. A physician would not assure the patient of full recovery in every case. A surgeon cannot and does not guarantee that the result of surgery would invariably be beneficial, much less to the extent of 100% for the person operated on. The only assurance which such a professional can give or can be understood to have given by implication is that he is possessed of the requisite skill in that branch of profession which he is practising and while undertaking the performance of the task entrusted to him he would be exercising his skill with reasonable competence.”

           In the matter titled as “Lok Nayak Hospital versus Prema, RFA No. 56/2006” the Hon’ble High Court of Delhi vide judgment dated 06.08.2018 has held that medical negligence is not proved in case of unsuccessful sterilization operation, if the doctor / hospital has duly got the consent form and other forms signed by the patient and counter signed by her relatives in which it was specifically mentioned by the doctor / hospital that the operation need not be always successful and there are always some chances of failure, and if the operation is not successful the hospital or the concerned Doctor will not be held responsible.

                        Learning by such judgement it is essential that every doctor should practice with full precautions while examining,investigating or doing treatment,procedure,surgery on every patient in OPD,Clinic or Hospital ,every thing should be done with full writing without mentioning or assuring the out come of treatment /surgery in any metric scale or as full or half or complete or partial .Patient and attendants/relatives must be explained at every stage in full writing signed by patient with attendants.Doctors should save these records digitally or hard copies for at least 5-10 yrs.

 



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