Doctor Patient Relationship And Medical Ethics - India Press Agency | DailyHunt
quality of this unique doctor-patient relationship allows two people, previously . an acknowledgement that something is wrong and demonstration of a desire to. The doctor-patient relationship has undergone a transition throughout the ages. . according to my ability and judgment, and not for their hurt or for wrong .. that the doctor-patient relationship in the two oldest civilizations, those of India and. Keywords: Medical negligence, patient-doctor relationship . the way for medical litigation in India with the landmark judgement as consumers in VP Shanta vs. The worst is that even though 95% of medical litigation cases are disposed of in.
The godly image of the doctor is developed in the eyes of the patient because of the conviction that the doctor would always be ethical and his or her conduct would based on moral principles. But this relationship has been weakened in the last few years. There is a lot of talk of many doctors being unethical.Modern day doctor patient relationship. - Dr K K Aggarwal - TEDxMansaroverPark
There is a feeling in the people's mind that doctors fleece the patients either by overcharging or over-medication. This needs to be examined in broader perspective. Any profession is a reflection of contemporary socio-economic set-up.
There has been a time when the doctor in our region - a Vaid, would not charge anything from the patient and be content with whatever was given to him in offering - the Dakshina.
The same was true for the teacher - the Guru. Those were the times of limited knowledge and limited resources. Education was the right of a few selected from the so-called upper castes. Health care was comparatively more liberally available to the ordinary people, even though the vast majority of population was left to the mercy of the faith healers, particularly the poor and the marginalised sections.
With changes in the system and the entry of modern scientific medicine in the health scenario, the situation started changing.
There was extensive research and new drugs came up, which needed marketing. The safety net provided by the official system of referral and transfer of medical information in writing in both directions between general practitioner and consultant or consultant and consultant is now missing. Worst of all, disregard for the relationship destroys the traditional bond of affection between family and general practitioner.
The general practitioner is considered a member of the family by many. His counsel and advice are sought on all matters pertaining to health and sickness.
Patient-doctor relationship: Changing perspectives and medical litigation
The services of a consultant are sought on his recommendation and further treatment is based on the advice offered jointly by him and the consultant. The linkages provided by the system of referral gives the patient a fixed source of trusted counsel — the family doctor.
What if a doctor refuses to refer the patient? The solution has been long established. The patient is free to break his relationship with the doctor concerned and establish a relationship with another. In doing so, he will cut off all connections with the former. The situation gets somewhat complex when the patient has already undergone major surgery at the hands of a consultant who now refuses to refer him to another for a second opinion.
Terminating the relationship may deprive the patient of all data pertaining to the earlier operation. Few surgeons provide their patients a copy of the detailed operation note. Many surgeons retain vital reports, xray and scan films.
Under such circumstances, when I am approached by a patient to provide a second opinion, I write to the earlier surgeon explaining the circumstances under which our opinion was sought. In almost all cases, these have been readily provided. Medical jurisprudence and toxicology N.
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When the patient's family sued the doctor for medical negligence, the Consumer Court decreed that the patient died of starvation before anesthesia, as advised by the doctor. Medicos vehemently oppose Consumer Courts' practice of accepting cases without any prima facie evidence of negligence. Says New Delhi-based Dr.
Agarwal had faced a case of medical negligence inwhich was quashed in Negligent performance of anterior colporrhaphy surgery - total loss of vagina. The female plaintiff was 68 years old when she underwent anterior colporrhaphy surgery performed for a cystocoele by the defendant urologist.
The National Jury Verdict Review and Analysis Cook County, Illinois The plaintiff was a year-old male with a long history of impotency who was referred to the defendant urologist for consideration of a penile implant.
He also had Peyronie's disease. After the implant, the alleged injury was loss of penis requiring complete reconstruction of penis. The plaintiff claimed record medical compensation. The jury charged under Anderson vs.
Somberg, the pharmacist, the nurse, the hospital and the urologist. The plaintiff, who was undergoing the removal of penile warts, contended that a This claim was for negligence in follow-up for successive ureteral stents placed in situ to allow stones to be passed naturally at King George's Hospital and eventually they were removed by ureteroscopy. The encrusted stent could not be removed and required surgery. The Claimant had suffered from incontinence, blood in his urine, and constant pain in his lower back.
An expert in Urology concluded that there were repeated and unacceptable delays in providing effective management compounded by questionable clinical decision-making and lack of adequate resources. Departments of Urology have an obligation to maintain a record of patients with uretric stents and ensure that stents are removed or replaced before encrustation and impaction occurs. The greatest percent of claims arose from the categories of inpatient, adult, and surgical procedures.
Endourological procedures resulted in the greatest incidence of surgical claims. However, claims related to prostatectomy involved the most expensive claims. Of the surgical procedures, incidents defined as postoperative complications were the most common acts of negligence generating a malpractice claim. Urologists must strive to maintain open, honest, in-depth communications with their patients when occurrences with potential malpractice overtones arise.
The summaries of recommendations of the Ipp Panel are given below: Establishment of thresholds of a percentage of permanent impairment before a person may sue at all. Establishment of an indexed maximum for the recovery of economic loss. Establishment of a threshold and maximum for recovery of non-economic loss. Restrictions on the recovery of damages for gratuitous services. Fixing and in all cases reducing the rate of interest that can be awarded. Fixing and increasing the discount rate established by the courts for the determination of the present value of future loss.
Limiting the liability of a volunteer or a Good Samaritan. Restricting liability of persons who act in self-defence to criminal conduct. Providing that an apology cannot constitute an admission.
Furthermore, the Ipp Panel recommended narrowing duty where breach could be legally examined into: It was the same when the consumer protection act started. Most of the sane doctors protested, some insane ones also did. No one listened to us.
Doctor-patient relationship | Indian Journal of Medical Ethics
I remember having told one gathering of legal experts that they were putting the patients from the frying pan to fire; from doctors clutches to lawyers. I asked them why they wanted a consumer protection act for the medical community - to improve services or to get compensation, or did they want just to teach a lesson?
I assured them none of these would be possible. People refuse to learn from history. Has the road accident compensation policy improved the quality of drivers?