Doctors claiming to be specialists in an expertise they are not qualified is against the guidelines laid by Medical Council of India. A physician in this case was held negligent by the top Consumer Court for disregarding this rule.
The patient was taken to hospital for treatment of renal problems. The physician made provisional diagnosis of acute viral hepatitis.
A gastroenterologist was consulted after three days. Some tests were performed; its’ reports bothered the patient – he was found positive for HAV. The line of treatment was changed but the complications took a serious turn.
The patient suffered hepatic encephalopathy and was transferred to a higher centre. His will to survive the complications was strong, but not strong enough. Unfortunately, the young man died after thirty-nine days due to multi-organ failure.
The physician was sued by patient’s family.
In his defence, the doctor stated that the patient was shifted to higher centre at the first sign of hepatic encephalopathy. His vitals were constantly monitored and round-the-clock care was provided.
The National Consumer Commission rejected this defence, as several loopholes were observed in patient care and management:
“The physician is a qualified MD, Medicine and in my view, physicians are competent to treat Hepatitis. In addition, he took an opinion of gastroenterologist. However, he claimed to be a gastroenterologist which is against the Regulation [7.2] of MCI. It is also pertinent to note that the doctor did not consult nephrologist and kidney function tests were not advised to rule out acute renal injury”.
“The signature on consent form appears to be on dotted lines. It was a printed consent form which neither was signed by the patient nor by the doctor. It shows number of blank spaces, other clinical details were not mentioned. Thus, it does not fulfil the ingredients of informed consent”.
The doctor and hospital were ordered to jointly pay compensation of ten lakh rupees to patient’s family.
Source : Order pronounced by National Consumer Disputes Redressal Commission on 23rd February, 2023.