Allegations on improper diagnosis doubled in 2015

Cases of negligence against surgeons going on planned leave soon after a surgery without rendering post-operative care also went up.

Allegations on improper diagnosis doubled in 2015

Chennai: Medico-legal issues have always been a grey area but when a group of white and black coats came together they painted a dark picture complaints from patients of being forced to buy medicines from in-house pharmacies of hospitals are on the rise and allegations related to delayed and improper diagnosis doubled in 2015 compared to 2014. Cases of negligence against surgeons going on planned leave soon after a surgery without rendering post-operative care also went up.

During a discussion with doctors and advocates on the medico-legal scene in the country, advocates said courts were hesitant to blindly hold healthcare providers negligent and sought clear and convincing evidence from the patient.

However, if they were convinced negligence was indeed the cause, they imposed heavy penalties. "Going by the cases in 2015, the courts did not question the correctness of medical records, except in cases of gross fabrications. It also continued to hold that a wrong method or decision by a doctor did not necessarily constitute negligence," Mahendrakumar Bajpai, an advocate in the Supreme Court said during the annual medico-legal review held in Chennai on Friday. The courts continued the trend of giving the benefit of the doubt to doctors, he said.

The review, held by the Institute of Medicine & Law (IML), analyses the medico-legal environment in the country, compiling comparative statistics of medical malpractice cases and examine current trends in medical malpractice cases. Experts also observed that aggrieved patients sued only hospitals more than doctors. For instance, in Andhra Pradesh despite directions from the court, the surgeon who had performed the surgery negligently was not made a party by the patient and the court had no other option but to hold 'only' the hospital negligent.

In another instance from Delhi, the hospital alleged and admitted in the court that the oncologist was negligent and not the resident doctor or the technician who gave radiation. The court agreed with what the hospital stated and did not hold the resident doctor and the technician negligent and the hospital was held negligent as the oncologist was not sued by the patient. "Every single judgment passed each day has the potential to amend the existing laws. While these changes impact everyone, it has a wider implication for doctors," said Bajpai.

Senior doctors, including Dr Mahesh Vakamudi, CEO, Sri Ramachandra Medical College and Hospitals Chennai and Indian Medical Association (TN chapter) president Dr TN Ravikumar, who attended the meeting agreed. Doctors said with the exponential rise in medico-legal cases and ignorance not being a valid defense, it becomes imperative upon them to be abreast of changes in medical laws and take appropriate precautions. "It is as important as medicine itself," said Dr Ravikumar.

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