Tuesday, October 11, 2011

Doctor be true to your profession

Catalytic agent for diligent Doctors:S.C. Judgment in the case of Jacob Mathews Vs state of Punjab 2005 CTJ 1085(SC) (CP) which authoritatively held “ we may not be understood as holding that Doctors can never be prosecuted for an offence of which rashness or negligence is an essential ingredient. All that which we are doing is to emphasize the need for care & caution in the interest of society; for, the service which the medical profession rendering to human beings is probably the noblest of all, and hence there is a need for protecting the doctors from frivolous or unjust prosecutions. Many a complainant prefer recourse to it as a tool for pressurizing the medical professional for extracting uncalled for or unjust compensation. Such malicious proceedings have to be guarded against.
In a recent judgment National consumer commission has held in Mohd. Abrar vs Dr. Ashok Desai 2011 CTJ 613 that” the medical practitioners are not magicians or semi Gods .They too are fallible human beings.
This implies that a qualified doctor treats a patient and some thing happens to the patient due to a judgment error, it is not actionable negligence.
Ultimately judiciary appears to be on their side. Every act of negligence will be defined as judgement error, Is not it?
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