Medico Legal

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Q1. Can misleading signboards, prescription pads or advertisements be considered as negligence? Can compensation be claimed under CPA in such cases?

Ans.
Yes. They are covered under definition of unfair trade practice. If any person has suffered any harm because of aforementioned facts, compensation can be claimed under CPA. Relief can be sought for directions to stop unfair trade practices.

Q2. Can a complaint be filed before State Medical Council or Medical Council of India in case of medical negligence ?

Ans.
Yes

Q3. What is liability of visiting surgeon in post-operative care ?

Ans.
He will be liable for post-operative care along with the hospital and the staff.

Q4. A doctor gives medical advice on telephone. Patient suffers damages to health. Can doctor be held negligent?

Ans.
Yes

Q5. What is liability in polyclinic ?

Ans.
This will depends upon constitution of polyclinic. If person running the polyclinic is taking share of the fees, then he will be liable along with the doctor.

Q6. What is the expected level of competence in a doctor?

Ans.
A doctor is expected to have an average skill. he is not expected to have highest possible skill or highest possible knowledge in a particular field. However, it is also not expected that a doctor is having a low degree of knowledge and skill. Standard of ordinary skilled man is expected. It is expected that a doctor should have the ordinary skill of an ordinary competent doctor practicing in a particular field at the particular time.

Q7. What is the procedure in a consumer court after a complaint is filed ?

Ans.
The opponent is sent a copy of the compliant and he is asked to submit his reply along with the documents on which he wants to reply. After the opponent files his written statement (his answer to the complaint) the complainant gives his rejoinder to the points raised in the written statement.

Q8. What is the importance of keeping medial record ? How much importance is given by the consumer courts to medical record while deciding the case ?

Ans.
Medical records are of greatest importance;' they record the exact treatment and care given by the doctor to the patient. The record is like a mirror, which shows the degree of skill exercised by a doctor. They are invaluable from patient's point of view as well as from doctor's point of view and the court relies on the record if the record is kept properly in the usual course of profession. The record will show how the events occurred and whether prompt and proper medical care was given to the patient or not.

Q9. What happens if a doctor has engaged untrained staff in his hospital ?

Ans.
The untrained staff should not be doing the jobs of trained staff. if untrained staff is engaged for the work of menial duties, it is a different matter altogether. If some harm is suffered by a patient but a doctor is able to prove that he himself has given all the necessary care and the harm suffered by the patient is not caused by any act of commission or omission on the part of the doctor, then merely because he has untrained staff would not make him negligent and liable for compensation.

Q10. Would wrong diagnosis constitute negligence?

Ans.
It depends on the nature of disease and the nature of diagnosis. For example “ if the symptoms of a patient clearly point out to a particular disease, but the doctor is unable to diagnose it, then it will be termed as negligence. But, if the symptoms are confusing and suggestive of two or three different diseases and the doctor diagnoses the same as one of those two or three diseases, but it turns out to be some other disease amongst those two or three disease, then such wrong diagnosis would not amount to negligence”.