Many doctors are getting on the wrong side of law for treating without confirming diagnosis and this is happening at a worrying regularity.

Amalendu visited Dr. Bhattacharya with complain of pain in the abdomen. The doctor admitted the patient to Medinipur Nursing Home and performed USG and diagnosed him to be suffering from acute pancreatitis. The doctor treated the patient for about five days after which referred him to a higher center for better management.

A woman in West Bengal’s Murshidabad district gave birth to a healthy baby hours after a laboratory report said she was carrying a dead fetus, according to her family members.

The family of 31-year-old Sajeda Bibi of Ghoshpara village lodged a complaint against Sono Scan, the laboratory, with Domkal police station on Sunday.

Doctors or hospitals not presenting a defence when facing a case of medical negligence invariably draws inference by the courts that they are negligent.

Recently a doctor and hospital were dragged toState Consumer Disputes Redressal Commission, West Bengalby the patient. It was alleged that Laparoscopic Cholecystectomy performed by Dr. Ghosh at Sri ArbindoSeva Kendra was not as per accepted medical practice.

Cases of medical negligence are not unique only to allopathy. Today’s digital savvy patients are suing even Ayurvedic doctors for negligence, as this case demonstrates.

Tamal had approached Dr. Bhattacharya with complain of pain in knees, hips and right foot. The doctor diagnosed Ank-Spondylitis and prescribed medicines. However, the patient did not get any relief and visited the doctor again several times but to no avail.

Law mandates that all necessary precautions must be taken before performing a procedure and the doctors / hospitals must be prepared to treat the known complications of a procedure. Not doing so is medical negligence.

Suffering from excruciating abdominal pain, Kamal had visited Dr. Jana at KasturiDistrict Hospital. The doctor performed Laparoscopic Cholecystectomyand discharged the patient in a few days. However, the excruciating pain returned and it was worse than before. Kamal visited Dr. Jana again who diagnosed high Bilirubin level and referred him to Calcutta National Medical College for a second opinion where he was diagnosed with post-surgery Jaundice and bile leakage. The patient got admitted to yet another hospital where the accumulated bile fluid was drained out after which another surgery was performed. 

The Delhi Medical Council (DMC), acting against a fake doctor, has stated that it is the duty of every hospital to verify the credentials of the treating doctor hired by them. The medical council was responding to a case where a quack, using a fake MBBS degree, was practicing at a Delhi hospital.

"A copy of this order be also sent to the Directorate General of Health Services, government of NCT of Delhi for taking stringent action against SHL Hospital under the Delhi Nursing Home Registration Act for employing an unqualified person and allowing him to treat patients," Dr Girish Tyagi, registrar, DMC.

No one can lie, hide, make false allegations and get away with it in this digital age. This case shows the heights some patients can go to only to allege the doctors and demand hefty compensation from them, almost like a blackmail.

Saurabh had undergone a Lasik surgery which was performed by Dr. Sachdev at New Delhi Centre for Sight. It seemed that Saurabh did not ‘like’ the way surgery was performed or had ulterior motives as what transpired after the surgery baffled the doctor, the hospital and even the court.

It is ideal to present the opinion of a specialist when presenting an expert opinion in a case of medical negligence. The courts do not consider expert opinion of a doctor who may not belong to the branch / speciality, as this case demonstrates.

Debnath’s right leg was fractured in an unfortunate accident, and hence he approached Dr. Patra at Dreamland Nursing home. The doctor performed intramedullary nailing and discharged the patient four days after the procedure. However, the patient didn’t get any relief after the surgery and visited another doctor who advised a test to check haemoglobin level, which was reported below the normal level.