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Unsuccessful treatment outcome does not automatically indicate negligence
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All advertisements made by hospitals / doctors need to carry complete details and cannot be arbitrary. The courts do not take such instances lightly, and this case is an excellent example of the fact.
Courts do accept that repeated surgeries are not necessarily a surgeon’s fault as long as accepted medical practice is followed. This case is a textbook example of this fact.
Recently, the State Consumer Disputes Redressal Commission Telangana held Vijaya Diagnostic Centre guilty of negligence while performing an MRI scan and ordered them to compensate the patient.
A hospital would be well-advised to diligently and thoroughly update and maintain treatment records, as this could be one of the strongest defence they can present when facing a case of medical negligence.
Post-operative complications as an outcome are accepted by the courts in cases of medical negligence. But not managing such complications is seen as negligence.
It is mandatory to provide complete treatment records and discharge card to the patients at the time of discharge. Not doing so, is negligence per se.
False reporting is not only unethical but also dangerous for both – the patient and the doctor. The patient may develop complications and the doctor can lose the license.