Study of medical negligence cases decided by the state consumer disputes redressal commissions of Chandigarh, Punjab and Haryana

Abstract

'Doctor' is a word which commands respect in the heart of the common man, and hence medical profession is considered a noble profession. But being a doctor has more responsibilities than privileges, which is reflected in the Hippocratic Oath, as well as our very own Charaka Samhita. A retrospective and prospective cohort study was done by perusing cases from 1st January, 2018 to 15th November, 2019 with the aim to study and analyze medical negligence cases in Chandigarh, Punjab and Haryana and to analyse the pattern of cases and reasons for filing suit, outcome and time schedule of the decision-making process by the Forum and the role of Expert medical opinion in decision making. In our study, 79.5% cases were from the private sector. Of the total 44 cases where deficiency was admitted by the three commissions, in 11 (25%) cases negligence/deficiency of service was proved, while in 33 (75%) cases, the complainants were not able to prove the allegations of medical negligence against doctors/hospitals. In 15 (34.1%) cases, composite negligence was alleged by the complainant/plaintiff. Furthermore, in 14 cases (31.8%), recommendations of the medical board, were sought and the commission accepted their findings in 11 cases (78.5%).General surgery and cardiology related cases accounted for 16.7% and 13% of the suits filed, respectively. In general, surgery and its subspecialties accounted for 42.6% and medicine accounted for 22.2% of suits.