ERROR IN DIAGNOSIS AMOUNT TO MEDICAL NEGLIGENCE

Error of judgment in diagnosis or failure to cure a disease does not necessarily mean medical negligence. 

In the case of Dr. Kunal Saha vs. Dr. Sukumar Mukherjee and Ors. III (2006) CPJ 142 (NC), the National Commission (per Mr. Justice M. B. Shah, President) considered the question of whether the Opponent doctors and hospital acted negligently in diagnosis of the disease suffered by the patient (wife of complainant doctor), administration of medicine (it was alleged that an overdose of steroids was prescribed), provision of facilities in hospital (absence of burn unit in hospital was alleged). A compensation of Rs. 77,76,73,500/- was claimed. The National Commission held that an error in medical diagnosis does not amount to deficiency in service. The National Commission further observed that the deceased (wife of Complainant) suffered from TEN (Toxic Epidermal Necrolysis), which is a rare disease and the mortality rate varies from 25% to 70% as per medical literature. The Commission also observed that considering the facts and circumstances of this case, the doctor can not be held liable for want of an exact diagnosis.

Role of expert opinion: in the case of Sethuraman Subramniam Iyer vs. Triveni Nursing Home and Anr. I (1998) CPJ 110 (NC), the National Commission dismissed the complaint holding that there was no expert evidence on behalf of the complainant. Similarly, in ABGP vs. Jog Hospital, the complaint was held to be not maintainable. In Farangi lal Mutneja vs. Shri Guru Harkishan Sahib Eye Hospital Sahana and Anr., IV (2006) CPJ 96, Union Territory Commission, Chandigarh dismissed the claim based on medical negligence with following observation: “The O.P. conducted an eye operation upon the complainant. The cornea was damaged subsequently, and visibility was lost. The complainant alleged that proper dilation of an eye was not done before conducting the cataract operation. Also it was alleged that the operation was done in a hurried manner. The Medical Council of India, after obtaining the expert opinion of two well known institutions, came to the conclusion that standard treatment protocol was followed and optimal procedures were carried out. Thus there was no negligence on the part of the O.P.”

Medical Literature: In the case of P. Venkata Lakshmi vs. Dr. Y. Savita Devi, II (2004) CPJ 14 (NC), the National Commission held that the State Commission ought to have considered the medical literature filed by the complainant and the State Commission had dismissed the complaint on the grounds that there was no expert evidence and remanded the matter.