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Institute of Medicine & Law

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This is when doctors should not treat the patient

July 1, 2024

Doctors and hospitals are legally bound to refer patients to another doctor / specialist / higher centre if treatment / procedure falls beyond the expertise or, if necessary, equipment / infrastructure is not available during the course of treatment / procedure. A doctor was recently held negligent for failing to adhere to this legal tenet.

Surgeon not at fault for onset of post-op complications after years of surgery

July 1, 2024

Post-operative complications cannot be attributed to doctors, especially when appropriate post-operative care is rendered; and definitely not if onset of such complications is after a significant time of surgery.

The patient was diagnosed with left inguinal hernia. The surgeon performed laparoscopic surgery to place prolene mesh in order to cover wide hernia defect. The patient was discharged after three days with an advice to undergo surgery for hernia on the right side.

Patient with improved vision could not see the facts

July 1, 2024

The patient was diagnosed with hypermetropia. He underwent cataract surgery at the eye hospital, performed by the eye surgeon. Intraocular lens (IOL) was inserted in both eyes.

The patient kept consulting the surgeon periodically. After four years, he was referred to AIIMS.

For reasons best known to the patient, he sued the eye surgeon after consulting doctor at AIIMS. It was vaguely alleged that he continued to suffer farsightedness even after cataract surgery.

Patient clears his chest in court, not with the doctor

July 1, 2024

Suffering from fever and severe cough for six months, the patient consulted his doctor for treatment. The doctor prescribed medicines and advised blood test, cough test and X-ray. There was an impression of taint on the right side of chest. Therefore, the doctor prescribed ATT medicines.

The patient did not get any relief; instead, his condition worsened. He visited another doctor at a health centre. Another X-ray was performed; it did not report any sign of tuberculosis.

Only ‘specialist anaesthetist’ for serious surgeries, ‘trainee anaesthetist’ won’t do

July 1, 2024

In a recent judgement, the Supreme Court concurred with the ruling of National Consumer Commission, holding a hospital negligent for involving a trainee anaesthetist during lung surgery.

Medical record saves hospital’s day at court

July 1, 2024

A young man was hit by a motorbike. He sustained severe head injuries, bled from ear and nose and there was laceration on right elbow. He was rushed to the hospital; the Glasgow Coma Score (GCS) was quite low. Despite every effort by a multi-disciplinary team of doctors, the road accident proved to be fatal; the young man died after two days at the hospital.

His family sued the hospital. It was alleged that the doctors adopted a conservative line of treatment, whereas two independent neurosurgeons had advised decompressive craniectomy. It was also alleged that the hospital lacked in infrastructure to treat road accident victims, evident from the fact that no CT scan was performed.

Court shuts doctor’s case for not recording ‘oral advice’

July 1, 2024

A young woman, housewife and homemaker, experienced pain in her right breast. The doctor she consulted prescribed medicines and advised mammography test. A lump in patient’s right breast was reported.

The doctor changed the line of treatment, but the young patient did not get any relief. After about four months, she was admitted at a hospital for the removal of lump; it was sent for biopsy. The result shook the ground beneath patient’s feet – the lump was cancerous. Her right breast had to be removed.

This is when doctors should not treat the patient

July 1, 2024

Doctors and hospitals are legally bound to refer patients to another doctor / specialist / higher centre if treatment / procedure falls beyond the expertise or, if necessary, equipment / infrastructure is not available during the course of treatment / procedure. A doctor was recently held negligent for failing to adhere to this legal tenet.

Surgeon not at fault for onset of post-op complications after years of surgery

July 1, 2024

Post-operative complications cannot be attributed to doctors, especially when appropriate post-operative care is rendered; and definitely not if onset of such complications is after a significant time of surgery.

The patient was diagnosed with left inguinal hernia. The surgeon performed laparoscopic surgery to place prolene mesh in order to cover wide hernia defect. The patient was discharged after three days with an advice to undergo surgery for hernia on the right side.

Patient with improved vision could not see the facts

July 1, 2024

The patient was diagnosed with hypermetropia. He underwent cataract surgery at the eye hospital, performed by the eye surgeon. Intraocular lens (IOL) was inserted in both eyes.

The patient kept consulting the surgeon periodically. After four years, he was referred to AIIMS.

For reasons best known to the patient, he sued the eye surgeon after consulting doctor at AIIMS. It was vaguely alleged that he continued to suffer farsightedness even after cataract surgery.
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“Welcome to the ‘11th National Convention of Medicine & Law 2026’ as a registered delegate. We will keep you informed about the Convention as we move ahead. You will receive the link to attend the Convention, along with the necessary instructions, on Saturday, 26th September 2026.”

“Thank you for sharing your views. Your contribution is important in shaping deliberations at the next Convention and will be carefully reviewed. We will contact you if we need any further information or clarification.”