Legal Question in Legal Ethics in India
A pregnant lady developing ill health admitted herself in a hospital. The attending doctor took up a line of diagnosis based on ultrasonic reports. Since the illness continued the patient was shifted to another hospital. In there the another doctor taking up a different approach of diagnosis found the child in the womb had died ten days before the patient was brought to hospital and the deceased child was separated from the patient.
On a petition from a relative of the lady a State Forum held the first doctor can not be found fault for not taking up the course followed by the second doctor. The National Commission as well upheld the decision. �Simply because the other doctor adopted another line of treatment does not prove that first doctor was guilty of medical negligence," the NCDRC said.
Since the illness continued even after the first doctor attended was the doctor not responsible for arriving at the cause? The very reason another doctor came in picture puts the first one�s capabilities to perform below the expected one.
2 Answers from Attorneys
what is your query. are you the doctor being tried for negligene or the relative of pregnant lady?
There are multiple causes for a patient's sufferings.
I have handled many medical negligence cases for around 20 years and can say that there is no negligence at all.
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