Medical Accident Is Not Medical Negligence



Posted: Tuesday, July 12, 2011

by Dr K K Aggarwal
Heart Care Foundation of India

Sunday 10th July: Inaugurating, a daylong national conference on "Insight on Medicolegal Issues", Hon’ble Justice A K Sikri, Hon’ble Judge Delhi High Court said that a better and continuous patient–doctor relationship can reduce most of the litigations occurring in the field of medical care.

Addressing a gather of over 300 doctors, Hon’ble Justice Vipin Sanghi, Hon’ble Judge Delhi High Court, said that a medical professional is not supposed to possess and provide maximum degree of knowledge skills and care. He is only expected to provide and possess an average degree of care, knowledge and skills.

Dr. H S Rissam, Member, Board of Directors, Medical Council of India, in his address said that most important thing a doctor must maintain is proper records of the patient and take informed consent for undertaking any treatment.

Padma Shri & Dr. B.C. Roy Awardee, Dr. KK Aggarwal, President Heart Care Foundation of India, said that medical accidents are not synonymous with medical negligence. Medical accidents are now classified as sentinel events or events which are unexpected and end up in complications or untoward effects. Quoting a recent US Study, Dr. Aggarwal said that wrong site surgical operations are the third most common sentinel events all over the world. All sentinel events will end up into a claim. These events may or may not be medical negligence.

Dr. A K Aggarwal, President Delhi Medical Council said that there are a number of ‘never events’ which should not happen while treatment is given. Citing an example, he said that leaving a surgical instrument or a sponge inside the abdomen will fall under ‘never events’ and is not pardonable. In the US, insurance companies have started refusing to pay for the treatment of such events.

The faculty included eminent doctors and advocates. Senior advocates who spoke on the occasion were Mr. Mukul Rohtagi, Mr. Ajay Agrawal, Ms Priya, Ms Meenakshi Lekhi, Mr. M C Gupta,
Mr. Sidhartha Luthra and Ms Indu Malhotra.

The medical faculty included Dr. Ranjit Roy Chaudhury, Dr. H S Risam, Dr. Navin Dang, Dr. Neelam Mohan, Dr. N P Singh, Dr. Sanjiv Malik, Dr. Anupam Sibal, Dr. Ajay Gambhir, Dr. Vijay Aggarwal, Dr. Girish Tyagi and Dr. Sudhir Gupta etc.
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