Error of judgement, lack of care no medical negligence: NCDRC

New Delhi, Jun 21 (PTI) The National Consumer Commission
of India has said a doctor cannot be prosecuted for an error
of judgement or lack of care as it is not necessarily a proof
of negligence.
"Even, if there is lack of care or an error of judgement
or an accident..., it was not a proof of negligence on the
part of medical professionals," the Commission comprising
members Justice B N P Singh and S K Naik said in a judgement.
The apex forum made the remarks while dismissing a
petition by a man seeking compensation from the doctor for
alleged medical negligence which led to his son's death in
2002.
It was alleged that patient Kanhaiyalal Dubey died as
he was treated for cerebral malaria even though he was not
diagnosed for it.
The Commission pulled up the petitioner for making "bald"
allegations against the doctor.
"Except making some bald attributions, the petitioner
had failed to secure medical advice of an expert which could
militate against the finding of a good number of doctors.
"There had been no evidence that the complications that
followed with the patient were direct result of medicines
administered by the doctor," the NCDRC said.
It also upheld the findings of Madhya Pradesh Consumer
Commission which cleared Dr Sanjay Jain of Seva Sadan hospital
of any deficiency in service or medical negligence.
The State Commission had based its findings on the ground
that several doctors did not find any fault with the line of
treatment given to the patient by Jain who said it was in
consonance with accepted norms of medical science, the NCDRC
said. PTI WDA
RBT


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