#LegallySpeaking: Medicolegal Tip
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#LegallySpeaking: Medicolegal Tip
'In case of unconscious/emergency patient - Doctors/hospitals are not required to find wife/son to take consent'

Facts of the case:
The patient met with a roadside accident, and thereafter, the traffic policeman gave blow on the patient's right ear. The patient started bleeding from the right ear. Looking at the critical condition of the patient, the local health center referred him to the District Hospital, but instead the patient was taken to the hospital, admitted and operated upon by the doctor (OP).

Patient's allegation/s of medical negligence:
It was alleged that the doctor (OP) had not taken any consent from the patient before conducting the surgery.

Doctor's defense:
It was pointed that consent was given by the patient's brother-in-law.

Findings of the court:
- The court held that as the patient was unconscious at the time of admission, consent given by his brother-in-law was sufficient.
- The court observed that negligence could not be imputed for not obtaining consent from wife or son of the patient as "the hospital was not required to know whether complainant's (patient's) wife and son were available or not. Merely because consent has not been obtained from wife or son of the complainant, no negligence on the part of OP (doctor) can be imputed in operating after taking consent of brother-in-law of the complainant."
- Hence, the court did not hold the doctor (OP) negligent.

Note: Note: The objective of the #LegallySpeaking initiative is to spread awareness about the medicolegal implications of commonly encountered scenarios in a clinician's daily practice.

Source: https://pxmd.co/fSj7h
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Dr. V●●●●●●j D●●●i
Dr. V●●●●●●j D●●●i Legal Medicine
In such cases if any of you (ie my colleagues), is tried to be prosecuted or sued, please state your objection right in the beginning on the ground that unless a report is obtained from your contemporaries/colleagues in the medical field (in relation to whether prima facie negligence is made out in the case) the court should not waste its time in such matters. Deficiency in medical service is generally assessed based on Bolam' s test for which this is necessary. Please state this requirement to the opposite party also through the court. If the opposite party & the civil/consumer court does not agree to your objection, you can file defamation case against the person who sues you. As far as criminal case against you is concerned, no one can prosecute you without this mandatory requirement which you will state as objection. This advice of mine is based on the ratio/rules laid down by the h' ble Supreme Court of India. If you still have problems, contact me for (a)cross examination of witnesses against you, and (b)to know exactly how to lead your defence evidence; it is suicidal to miss these 2 steps (if the litigation continues inspite of your objection). There are some other remedies available as well which you may not know and which only a person like me practically qualified & skilled in both legal & obst-surgical work will know. Feel free to contact me in case you have difficulty.... Read more
Feb 24, 2020Like13