legal guidelines for doctors ...

the faith panel of delhi medical association enlighten the doctors,about medical neglijence and its aspects in Q & A form. please spread this valuable information to your branch members.

What is not a medical negligence?

1) Error of judgment is not medical negligence.
2) Difference of opinion is not medical negligence.

Is a doctor supposed to possess a maximum degree of skill and knowledge?
No. A doctor is supposed to possess an average degree of knowledge and skill and is supposed to provide an average degree of care. Unless there is a default in that average care, there is no negligence.

Is an expert opinion final?
No. As per the Supreme Court judgment, an expert opinion is not final if one can prove that another opinion exists from another expert. Therefore, one should always insist on multiple experts if there is a dispute in a particular case.

What is the no fault medical accident?
These are untoward cases happening when a patient is being treated. For example, 5% patients admitted in any hospital will end up with hospital acquired infections.

If there is no negligence then why compensations are given?
Compensations are usually given if there is a proof of some deficiency of service which can be an act of omission and commission. For example, medicine not being given in time, not seen by duty doctor on time, ECG not done in time etc. Compensations are usually awarded either by a Consumer Courts or by the Civil Courts.

Who pays the compensation?

The recent Supreme Court judgment has said that the onus of giving compensation will invariably be on the hospital and not on the treated doctors.

How is a deficiency proved?

A deficiency must have following components:
a) There should be an act of omission or commission
b) That act should have caused some damage to the person. For example, if a wrong medicine is given to a person and that does not result in any harm to the person will not be termed as a deficiency in terms of compensation liability.
How many cases are filed against doctors in Delhi Medical Council?

On an average, one to two per day.

As per the Medical Council of India, a person is supposed to get medical records within 72 hours of asking. What is the definition of medical records?

It is a gray area. It may mean that photocopy of all treatment papers or it may mean a detailed pointwise, date wise and time wise summary along with investigation details.

How does one protect oneself against disciplinary action in the Council?
One must prove the following:
a) That he or she possessed an average degree of skill and knowledge.
b) That he or she provided average degree of care to the patient.
c) The line of treatment adopted by him or her might have had difference of opinion from others.
d) In case decision of the treating doctor went wrong, he must prove that it was a judgment error.
e) With all these he must show evidence or references from Medline or from standard textbooks.
f) He or she must prove that multiple opinions, lines of treatment, guidelines etc. exist and one of them matched with his or her line of management.
g) He or she may also contact the local medical association and ask them to constitute a panel of experts who should be able to give a valid expert opinion.

FAITH PANEL

Dr KK Aggarwal
Dr Sanjiv Malik
Dr Chander Prakash
Dr HS Kukreja
Dr Ramesh Dutta
Dr Naresh Chawla
Dr Ashwini Dalmiya
Dr Vinopd Khetrapal