Friday, March 13, 2009

Compensation for death of patient

An illiterate poor client approached me with a complaint that his wife who was admitted in a private maternity hospital for delivery had died due to the negligence of doctor.

The wife of my client was admitted in the said hospital at about 11.00 a.m. but the doctor had not attended patient. At about 5.00 p.m. the doctor had examined the patient & prescribed some medicines & asked my client to wait for normal delivery. At about 7.00 p.m. the condition of the patient had deteriorated & the doctor had observed that the patient is having difficulty in breathing & hence he prescribed Oxygen. Ultimately the doctor had decided that he is not capable to handle the case & asked my client to take his wife to some other hospital in big city.

The doctor had not cared to give "Transfer Note" & had not arranged for ambulance & my client had to arrange private car. The doctor had not arranged for the qualified nurse & even stopped the treatment during transit. Unfortunately the wife of my client had died in transit.

I had asked for case papers but the same was not given to him by the doctor.

As per the medical ethics the doctor can not abandon the patient & he ought to have accompanied the patient in transit. Further the doctor ought to give all the case papers so that other doctor can get the required information about the previous treatments of the patient.

The doctor was "per se negligent" & the complaint for compensation was filled in the District Consumer Forum. The District Consumer Forum had considered that the doctor had failed to provide standard medical care & hence was considered negligent. The District Consumer Forum had therefore ordered the doctor to pay just compensation.

The doctor had filled an appeal to the State Consumer Commission. The State Commission had not accepted the arguments on behalf of doctor & confirmed the order of the District Consumer Forum.

2 comments:

Javeed Ahmed M said...

WoW! Really? The Doctor has to take care till the patient has to be handed over to the next doctor, even if in transit... This is News for me...

Most times we are glad that we got the discharge sheet in our hands and Bid a Good Bye as fast as possible...

Thank You for Enlightening us on this Point.

Bidhan Dave said...

Thanks Javeed Ahmed for your comment. Many times patients(consumers)are not aware of their rights & the doctors take advantage of their ignorance & dump the patients. Once a doctor had agreed to treat patient & if he feels that services of an expert doctor is required, he must arrange the transport with qualified nurse to take care of patient in transit.