No Legal Remedy for Wrongful Diagnosis, Held By Supreme Court

Team SoOLEGAL 26 Feb 2019 10:31am

No Legal Remedy for Wrongful Diagnosis, Held By Supreme Court

A complaint was filed by a person that as a result of medical negligence, the cannula stopped functioning and instead of re-cannulating the patient, oral administration of the antibiotic Polypod was found justified. The complainant contended that the following acts/omissions constituted medical negligence on part of the hospital:

1.      inappropriate and ineffective medication; (b) failure to restart the cannula for IV medication;

2.      failure to restart the cannula for IV medication;

3.      premature discharge of the deceased despite her condition warranting treatment in the ICU;

4.      oral administration of Polypod antibiotic, despite her critical condition, which actually required intravenous administration of the medicine.

The present complaint was allowed by the State Commission and he was awarded a compensation of Rs. 15 lakhs. But the National Commission had set aside the compensation.

The Supreme Court bench specifically stated that the following principles would apply in the case of medical negligence:

1.      Bolam Test

2.      Kusum Sharma & Ors. v. Batra Hospital

3.      Medical Research Centre and Jacob Mathew v. State of Punjab

The Court, while dismissing the appeal, held that

“We appreciate the pain of the appellant, but then, that by itself cannot be a cause for awarding damages for the passing away of his wife. We have sympathy for the appellant, but sympathy cannot translate into a legal remedy.”

Tagged: WrongDiagnosis   SupremeCourt   LegalRemedy   Compensation   Doctor   Death  
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