GP booked for not maintaining his OPD patients’ records

  • Posted on: June 25, 2020

This is an interesting case of a general physician (GP) who was sued by one of his patient. The reason for the case reaching the court was that the patient developed abscess in the left side of her waist after an injection was administered by the doctor.

This story is of a patient who underwent cataract surgery that was performed using phaco technology by the doctor. Unfortunately the posterior segment broke during the surgery but the patient was immediately referred to a higher centre.

Seems like a trivial reason for suing the GP, and it perhaps is. But the stance taken by the doctor and defence put forth by him proved to be his own undoing.

The GP vehemently rejected patient’s complain and put the onus on patient to prove that the injection was administered by him. He also stated that the patient consulted only once at the clinic and did not come for a follow up.

The lady was an OPD patient and maintaining medical records of such OPD patients was not his responsibility, claimed the doctor!

The Commission observed otherwise and stated the following: “Maintenance of the medical record, may it be of indoor patient or outdoor patient, as per Code of Medical Ethics, it is mandatory. By not producing the treatment record and supporting documents in support of the submissions by the doctor has to be construed as indulgence in deficiency in service and thus medical negligence in giving injection that resulted in abscess on gluteal region.”

The GP was not only held negligent but also was ordered to pay ten thousand rupees as compensation!

Source:Order pronounced by Maharashtra State Consumer Disputes Redressal Commission on 29th January, 2020.