Bengaluru: While pointing to the instance of the growth of “compensation culture” where their patients or family members demanded doctors accuse medical negligence, the High Court said if civil servants could be legally protected for bona fide errors in their actions, there was no reason not to expand the protection for medical professionals too.
The court made this observation when it came to rescue Dr.
Ganesh Nayak, a medical practitioner based in Bengaluru, who was warned by the Karnataka Medical Council (KMC) for some procedural irregularities in caring for a 65-year-old woman.
“Research is not needed to show that more often, medical negligence cases began carelessly by their patients and relatives.
The ‘compensation culture’ that applies in other sectors gradually getting into the field of medical services in our society, affecting healthy relationships between doctors and doctors Patients.
It really says ‘Faith heals and not drugs’.
Faith here means what is noticed in a treated doctor, “Krishna’s justice said Dixit.
“The court has been currently observing that part of immoral people tends to use the slightest opportunity to demand doctors and hospitals, hoping to make money fast.
Motivation of people who seek actions for medical negligence are more complicated – some demand money, others to get reception Guilt and some do it to ensure that mistakes will not be repeated.
But most cases do not involve bona fide claims and cannot be largely debated, “said the judge further.
The judge observed that ‘compensation culture’, both the truth or myth in various degrees, has raised risk aversion, and medical professionals with complaints against them gathering the impression that there are unbelievable attacks on their professional integrity and reputation.
“It can cause a defensive response from Medicos, ultimately producing enormous escalation of costs in medical services,” Judges utilize.
However, at the same time, the judge added that in the medical profession, services must be a motto and not profit and as a professional, doctors are also not immune to legal action for medical negligence, as elected by the Supreme Court in India Medical Association vs VP Shantha Case on In 2005.
Dr.
Ganesh Nayak has challenged the orders of May 5, 2009 issued by KMC, where he was given the ‘warning’ punishment to alleged employment hoses, namely some procedural violations in doing angioplasty in age and sick women.
According to him, patients (Yelmamma) suffer from several diseases, including diabetes, neuropathy and nephropathy, among others, and treated by several other doctors in different hospitals at different times.
He claimed the accusation, however, was made only against it and there was no explanation offered to why other people who treated them before did not even issue the notice of the show.
Justice Dixit after reading medical records placed before the court showed that the cause of death was a serious bacterial infection contracted later, added that there was a very large gap between angioplasty carried out by the applicant and demise of the patient.