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Duty Of Care Does Not End With Surgery: NCDRC

In NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, FIRST APPEAL NO. 101 OF 2016,  PANKAJ R. TOPRANI  vs BOMBAY HOSPITAL AND RESEARCH & MEDICAL & 2 ORS.,  the National Consumer Disputes Redressal Commission has ordered the Bombay Hospital located in South Mumbai area, to pay Rs. 30 lakh as compensation to a deceased patient's family on account of negligence shown by the hospital. The doctors have been directed to pay Rs. 1 lakh jointly.

The NCDRC observed that :-

In a catena of judgements, the Hon’ble Supreme Court has laid down the essential components of ‘Negligence’ as follows:-

1) The existence of a duty to take care which the defendant owes to the plaintiff;
2) The breach of that duty towards the plaintiff and
3) Damage or injury by the complainant as a result of such breach.

The ‘Duty of Care’ for a medical professional starts from the time the patient gives an implied consent for his treatment and the medical professional accepts him as a patient for treatment, irrespective of financial considerations. This duty starts from taking the history of the patient and covers all aspects of the treatment, like writing proper case notes, performing proper clinical examination, advising necessary tests and investigations, making a proper diagnosis, and carrying out careful treatment.

In 1969, the Supreme Court in the case of Dr.Laxman Balakrishna Joshi v. Dr. Trimbak
Babu Godbole AIR 1969 SC 128 held:-

A person who holds himself out ready to give medical advice and treatment impliedly undertakes that he is possessed of skill and knowledge for that purpose,

1. he owes a duty of care in deciding whether to undertake the case,
2. he owes a duty of care in deciding what treatment to give and,
3. he owes a duty of care in the administration of that treatment.
A breach of any of these duties gives a right of action for negligence to the patient.

This means that when a medical professional, who possesses a certain degree of skill and knowledge, decides to treat a patient, he is duty bound to treat him with a reasonable degree of skill, care, and knowledge.

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