Abstract

Late Shri Gyan Mishra, died due to damage caused due to negligence committed by treating doctors in prescribing contraindicated medicines. NCDRC in this case observed that a doctor wiring a prescription advised by any doctor cannot be said to be negligent only on account of his writing such a prescription. [Para 10]

NCDRC concluded that considering all the facts and circumstances of the case, O.P. No.2 Dr. Sandeep Agarwal is directed to pay a sum of Rs.20.00 lacs as compensation to the complainant, whereas O.P. No.3 Dr. Muffazal Ahmed is directed to pay a sum of Rs.10.00 lacs as compensation to him.  O.P. No.1 shall be vicariously liable to pay the aforesaid amounts to the complainant. 

In other words, the complainant shall be entitled to an aggregate sum of Rs.30.00 lacs as compensation, out of which Rs.20.00 lacs will be payable by O.P. No.2 Dr. Sandeep Agarwal and Rs.10.00 lacs will be payable by O.P. No.3 Dr. Muffazal Ahmed. The complainant shall be entitled to recover the whole of the said amount from O.P. No.1. The opposite parties shall also pay a sum of Rs.25000/- as the cost of litigation to the complainants.

        The compensation in terms of this order shall be paid within three months form today; failing which it shall carry interest @ 9% per annum with effect from three months form the date of this order, till the date of payment. [Para 15]

On the Issue of Expert Evidence that no expert has been examined by the complainant to prove any negligence in the treatment of late Shri Gyan Mishra, NCDRC clarified that nowhere has the Hon’ble Supreme Court said in the above referred decision that even in a simple and uncomplicated case, based on admitted facts, the negligence in the treatment of a patient can be proved, without examining a medical expert. If the matter is simple and uncomplicated, the negligence can in an appropriate case, also be proved on the basis of the admitted facts and relevant medical literature written by medical experts.  [Para 12]

This paper deals with issue of medical negligence especially: protocol/ Guidelines, Medical Expert Evidence, Medical Literature, Vicarious Liability, prescription of contraindicated medicines. Role of ethical committee of UP State Medical Council in dealing complaint in casual way was also discussed. Relevant issue of team work in consultation if multi organ and co-morbidities are involved to avoid damage to patient needed services of each specialty /super-specialist has been discussed in brief.