PUNJAB LEADS THE NATION IN TOTAL NUMBER OF MEDICAL NEGLIGENCE CASES ;COURTS QUESTION DOCTORS REFERRING PATIENTS FROM GOVERNMENT HOSPITALS TO PRIVATE NURSING HOMES – REPORTS 8TH ANNUAL MEDICO LEGAL REVIEW AMONG OTHER DATA & TRENDS

PUNJAB LEADS THE NATION IN TOTAL NUMBER OF MEDICAL NEGLIGENCE CASES; COURTS QUESTION DOCTORS REFERRING PATIENTS FROM GOVERNMENT HOSPITALS TO PRIVATE NURSING HOMES –  REPORTS 8TH ANNUAL MEDICO LEGAL REVIEW AMONG OTHER DATA & TRENDS

The 8^th edition of the Annual Medico Legal Review has reported that Punjab, with 24% of all medical legal cases, has taken the mantle of the top litigating State in the field of medical negligence. West Bengal, Maharashtra and Tamil Nadu follow with 17, 16 and 11% respectively. The review has also reported that complaints by patients for being forced to buy medicines from hospitals are on the rise, a point on which courts have drawn adverse inference.

“As compared to the previous years, 2015 has thrown a number of noteworthy trends and interesting judgments. For instance, an unusually large number of cases of negligence against surgeons going on planned leave / absences immediately after a surgery have been reported. We have also noted that allegations related to diagnosis - delay, failure and improper diagnosis – doubled this year,” says Adv. Mahendrakumar Bajpai, keynote speaker and a leading authority on medical laws.

The Annual Medico Legal Review held consecutively since 2009 by Institute of Medicine & Law (IML) has been summarizing the changes in medical laws that have occurred in the previous year and predicting trends for the forthcoming year in medico-legal environment from the perspective of Healthcare providers.

The highlights from 2015 include the Indian Courts continuing with the trend of giving benefit of doubt to doctors; not questioning the correctness of medical records, except in cases of gross fabrications; and, courts continuing to hold that a wrong method or decision by a doctor does not necessarily constitute negligence. During emergencies courts have been observed to be even more accommodating by overlooking and condoning deviation from standard protocol.

Some of the common allegations filed by patients in the preceding year included failure of hospitals / doctors to give complete details of treatment and or charges, overcharging, prescription of expensive drugs unnecessarily and charging for a different type of room / facility.

In 2015, it was also observed that more and more aggrieved patients are suing 'only' hospitals and not doctors. The anomaly is brought to fore by two interesting cases. The first from Andhra Pradesh (Dr. M. Sarojini Devi v/s Galla Jayanthi) wherein despite directions from the court, the surgeon who had performed the surgery negligently was not made a party by the patient. The court had no other option but to hold 'only' the hospital negligent. The second case is from Delhi reported from the National Consumer Commission (Himanchal Kumari & Ors. v/s The Govt. of N.C.T. of Delhi & Ors.). The hospital alleged and admitted in the court that the oncologist was negligent and not the resident doctor and the technician who gave radiation. The court agreed with what the hospital stated and did not hold the resident doctor and the technician negligent. But the hospital 'only' was held negligent as the oncologist not sued by the patient

In 2015, the Courts also held that a doctor relying on a wrong investigation report of another qualified radiologist, sonologist or pathologist and acting accordingly is not negligent. It also deplored appeals in trivial cases and penalized appellants. “On the whole, the year was good as well as bad for doctors. The courts are hesitant in holding the healthcare providers negligent and are seeking more clear and convincing evidence from the patients. But once convinced that the doctor or the hospital has been negligent then the penalty that follows is heavy.”

Annual Medico Legal Review 2016 was presented by Supreme Court Advocate, Mahendrakumar Bajpai and chaired by Dr. Suresh Vasishta, President, Association of Surgeons of India. Other prominent speakers and guests included Yogendra Singh, Advocate - High Court, Mumbai, Dr. V.P. Singh, Editor- Legal Issues in Medical Practice, Dr. H. S. Bali, Director, Health & Family Welfare, Chandigarh, Sh. Hussan Lal (IAS), Managing Director, Punjab Health Systems Corporation, Mohali among others. The review in Chandigarh will be followed by Reviews in Delhi, Pune, Mumbai, Kolkata, Hyderabad, Chennai and Bangalore. Participation in this event is by invitation only with about 80 - 100 invitees in each city. The attendees would also include Ministry Officials, Regulators, MCI Office Bearers, Judges of the National/State Consumer Commission, and press.  

“Law is dynamic. 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. With the exponential rise in medico legal cases and ignorance not being a valid defense, it becomes imperative upon doctors to be abreast of changes in medical laws and take appropriate precautions,” concludes Adv. Bajpai.

About Institute of Medicine & Law:

Institute of Medicine & Law (IML) provides education, information, and services related to medical laws. IML’s actionable content and analyses are delivered to doctors, hospitals, and lawyers on multiple platforms in real time.

IML is India’s foremost authority on medical laws possessing the best resources in terms of legal professionals and experts. Its detailed knowledge bank is continuously updated with the latest developments and is optimally utilized to provide medico legal solutions to the benefit of healthcare providers.

IML organised the first ever 'National Convention on Medicine & Law - 2015' (www.medicineandlawconvention.com), a platform to identify the legal issues relating to medicine, discuss them threadbare, and suggest remedial measures. Doctors, medical associations, hospitals, lawyers, judges, regulators, and policy makers were part of this initiative.