Punjab: The Supreme Court has given a big decision on medical negligence i.e. negligence during treatment. A woman from Patiala had died during the removal of a gall bladder stone. The case is 18 years old. The court held laparoscopic surgeon Dr Gurmeet Singh guilty of the case. The doctor was ordered to give Rs 25 lakh as compensation to the family of the deceased woman.
Manjeet Kaur was 47 years old at that time. One day she had a stomach ache. On July 13, 2004, when Manjeet came to see Dr Gurmeet Singh, the matter of having a stone in the gall bladder came to the fore. The doctor decided to have an operation.
On 28 July 2004, Dr. performed laparoscopic cholecystectomy (removal of gall bladder with the help of laparoscopic) and inserted a tube into Manjeet Kaur's stomach. The next day he complained of abdominal pain and strain.
When the doctor was informed about this, she said that this happens. The patient's condition became critical the next day. Manjeet's husband wanted to be taken to another hospital, but the doctor did not give permission. She was later admitted to another hospital. Where it was found that there was an iatrogenic injury to the bile duct and intestine during the previous treatment. Manjeet died on 11 August.
Question- What is the meaning of Medical Negligence?
Answer- When a doctor or medical staff is negligent in the treatment or care of a patient. Such as giving the wrong medicine, surgery wrongly, giving wrong medical guidance, and harming the patient during surgery all come under medical intelligence. Because, due to this, the patient is harmed and even leads to his/her death.
Question- Medical Negligence has happened, how is it decided?
Answer – A person goes to a hospital or a doctor with the hope that he will be treated properly there. The doctor must decide how to treat the patient. For this, what will have to be done, which medicine is to be given and which is not. When the doctor or medical staff does not perform their duty properly, it can be considered negligence in treatment.
Question- Is there any law regarding Medical Negligence or not?
Answer – Yes, there is a law for this. Sometimes even a skilled doctor becomes negligent. This negligence is related to the life and death of a person. Therefore it is considered a crime. In such cases, a case can be filed against the doctor, hospital, nursing home or health centre.
Question- How can I file a complaint of Medical Negligence?
Answer- You can complain in these ways...
You can make a written complaint to the Medical Superintendent.
After making the complaint, a copy will have to be given to the CMO (Chief Medical Officer). If there is no response from the CMO or you are not satisfied with their answer, then you can complain to the Medical Council of your state.
If medical negligence leads to loss of life or threat to life, a complaint can be lodged with the local police station.
If a doctor is negligent in treatment, then both criminal and civil cases are made against him.
The doctor can also be sued in the consumer court under the Consumer Protection Act.
In the case of a criminal case, it is very important to prove the intention of the crime.
When the doctor is proved guilty in a criminal case, then he can be sentenced to jail.
In a civil case, the victim can claim compensation for damages.