Medico-Legal Tip of the day – 8th December 2014 Question- Each surgery carries certain risk of complications. These complications are described in text books. What happens if a complication (like infection / implant failure / cut through of implant etc) happens and patient sues you in the court? Does the law holds guilty of a doctor even if he has taken reasonable preventive steps to avoid that complication? (Asked by Prof Anil Arora , New Delhi) Answer- Yes , it is true that all surgery carry risks and complications do happen in some cases and doctor gets sued by patient. In all such cases, the court views it as follows 1. Whether doctor has explained to patient all likely complications and taken proper consent or not. 2. Whether doctor has applied reasonable care and skill. 3. Whether doctor has followed standard protocol while handling complications. 4. Whether said complication is described in text books or journals or other authentic source. If court is satisfied that doctor has followed above, he will not be held guilty of negligence. But doctor has to defend his case properly. -- With warm regards, Prof ( Dr ) R K Sharma MBBS (AIIMS) , MD ( AIIMS), FIAMLE , FICFMT , Medico-Legal Consultant
Posted on: Mon, 08 Dec 2014 09:21:09 +0000
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