Medical Negligence

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I read with interest the recent verdict of the Supreme Court of India about negligence by medical professionals and feel proud to coin my view.

It is quite clear from the index case of Late Jiwan Lal Sharma that the main problem was lack of communication and acceptance on behalf of the patient's family. At the same time their ignorance about the disease and its prognosis contributed the chaos. Our satisfaction depends directly on our expectation and in this case expectation was disproportionate (what maximum the family can expect from a terminally ill patient with cancer who was advised only tender loving care to keep him comfortable). Dragging too much in terms of investigations and treatment at this point can be called, as best, torture, not care. Giving oxygen at that particular point would have done nothing; family should have understood this earlier. For the first bit problem, as I was telling, we need to take a share, most of the cases of similar nature starts with lack of communication in appropriate language at appropriate time in appropriate manner.

This is not the issue here; issue is whether a medical professional can be tried for a criminal negligence in a similar situation. Thanks to our judiciary system for coming out in a very clear manner. Otherwise also why should doctor can ever be responsible for an empty oxygen cylinder, is this our job? Doctors have become the scapegoat anywhere and everywhere currently.

The recent verdict can be great sigh of relief for us, medical professionals, but the story should not end there. We as members of this noble profession should keep the dignity, moral and spirit very high to serve the mankind. This verdict on the one hand cam give us far more confidence to work and to take a desperate attempts (particularly in the emergency situations even in cases benefit risk ration tilts toward risks) to save lives. Nobody has seen future; neither can we predict it, all that we, being particularly trained and qualified in the medical field, can try to do better for the ill. Always we can not win, we all understand this. This verdict is a booster to lift our moral and in good intention we all need to continue serving god's best discovery.

The other side we must understand this verdict should not be read a respite or excuse for us for not doing the job we are supposed to do. Whatever we say and feel it is quite clear from our personal or familial experience that the best service is not always coming (forget about the medical business, where we are being mishandled by so called administrators/technocrats!). Then comes question of incompetence, how are we sorting this out? I feel we have a little problem with mentality, our capacity of acceptance of the fact that someone else can do better job is lacking. We will not ask or ask at the very last moment for help, how do we change this attitude? This is a very common practice, particularly very commonly seen in my specialty? This has a base from economic point of view (most of us depend on our patient to pay for us, unless the situation in developed countries!)? Well there is fresh air in the planning stage from our health ministry about the compulsory CMEs for all practicing doctors which certainly will help us to improve the standard of care we are providing.

The verdict on the whole should be having an impact on future service. A trembling surgeon or scared physician can not perform the best. The verdict is also timely as more and more so called "touts' are coming forward to help the people (!) to get money in the name of compensation for the so called "negligence". In the western world this is becoming itself a profession, the patient or relative need not pay anything, once they receive the compensation, they give a particular share. I feel this verdict will do good to prevent the malpractice. The other definite benefit of the verdict would be to prevent the embarrassment and harassment during the trial when it turns out not to be a case of negligence. Who will return the doctor the reputation (forget the economic loss)?

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