LAW FOR ALL

Patient admitted as Dengue later said as“aplastic anaemia” which is called blood cancer = patient died within 24 Hours - No Medical treatment Case record produced - Medical negligence proved - No expert need be examined = “It is admitted case of the opposite parties that as per the above tests, the disease suffered by the patient is known as ‘Aplastic Anemia’ which is called Blood Cancer in common language and not Dengue. It is not the case of the opposite parties that the patient was given the treatment of cancer or that the complainant was advised to shift his minor son (patient) to some other hospital for better treatment of cancer where the treatment of cancer was available. The patient was brought to the hospital of the opposite parties on 14.10.1998 and died on 15.10.1998. Thus, the opposite parties have rightly been held negligent and deficient in service while treating the minor son of the complainant. Though the opposite parties have taken the plea that they had given proper treatment to the patient, but before the District Forum the opposite parties failed to produce the treatment chart of the patient which proves the act and conduct of the opposite parties with respect to the treatment given to the patient. It is the case where the complainant has lost his hope due to death of his son aged about 10 years.” = expert opinion is not necessary in all cases where the negligence and deficiency in service of the treating doctor is established from the facts and circumstances of the case. Treating doctor can be involved in a criminal offence of medical negligence when there is some evidence of higher degree but the civil liability of the treating doctor for the wrong treatment given to a patient can be fastened on the basis of the facts and circumstances of the case.= Following observations of the Apex Court in the case of V. Kishan Rao (Supra) may be reproduced to clarify this aspect further:- “50. In a case where negligence is evident, the principle of res ipsa loquitur operates and the complainant does not have to prove anything as the thing (res) proves itself. In such a case it is for the respondent to prove that he has taken care and done his duty to repel the charge of negligence.” 10. In view of the above enumerated position in law, the least that can be expected of the petitioner / opposite parties was to produce the treatment record of the deceased child so as to enable the foras below to conclude if the petitioners had taken a reasonable care of the deceased patient or they were negligent in their duty to treat the child. From the observations of the State Commission reproduced above, it is evident that the petitioners failed to produce the treatment chart of the deceased patient in their evidence. In the absence of the treatment record, which could have thrown light on the issue of medical negligence, we are of the view that the foras below have rightly concluded that the petitioners were negligent in the treatment of the deceased child. Thus, we do not find any illegality or infirmity in the impugned order which may call for interference by this Commission in exercise of the revisional jurisdiction. The revision petition is accordingly dismissed in liminie with no order as to costs.