Saturday January 18, 2020

Medical negligence: Rising cases a threat to safe life of citizens



By Nithin Sridhar

A 65-year old patient in Mumbai, Waman Zare, lost his life due to gross negligence on the part of the doctors treating him.

Waman Zare was being operated in Sion hospital, when the first year resident who was performing the operation left the patient in the middle due to a panic attack. After the doctor left, another first-year post graduate doctor performed the operation that resulted in the death of Waman Zare.

It has been found that the doctor had punctured the left lung instead of the affected right, resulting in the death of the patient, according to Zee News report.

Prevalence of Medical Negligence

This is not the first instance of gross medical negligence leading to the death of innocent people. A woman died after delivering a baby in Doon hospital. The victim’s family is alleging medical negligence on the part of doctors.

Similarly, in Gujarat, relatives of 21-year-old Manish Makwana who died after surgery on July 11, have alleged medical negligence on the part of the hospital.

In 2013, the Supreme Court while delivering its judgment in the Anuradha Saha case, held that the three doctors were guilty of gross dereliction of duty and had awarded a compensation of Rs. 5.96 crores plus interest.

The statistics released by the WHO in 2011 revealed that 1 in every 10 patients admitted in a hospital was harmed and 1 in 300 patients admitted died due to medical errors. It further revealed that around 1.4 million people across the world suffered from infections acquired from hospitals. In some countries, the incidence of needles used without proper sterilization was as high as 70 per cent.

Understanding Medical Negligence

Medical negligence basically refers to any action on the part of doctors, nurses, or the hospital which shows a negligence of their prescribed duties resulting in harm to the victim.

Daya Shankar Tiwari, in his “Medical Negligence in India: A Critical Study” defines negligence thus: “Negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do.

Actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill, by which neglect the plaintiff has suffered injury to his person or property.

In other words, medical negligence is nothing but breach of duty that a medical professional has towards his patient. The hospital and medical professionals are duty-bound to care for the well-being of their patients. And hence, they should perform only such actions that are beneficial to their patients and abstain from all such actions that may cause harm to the patients.

Further, there is an implicit understanding between the patient and the doctor that the doctor has all the necessary skills and knowledge to treat the patient. Therefore, a breach on any of these counts, which leads to any harm to the patient constitutes medical negligence.

Administration of wrong dosage of medicines, administration of wrong medicines, incorrect diagnosis of the medical condition, negligence in administrating medicine at a proper time, negligence of the bodily needs of the patient, and damage to any part of the patient’s body during surgery due to negligence are some of the examples of actions that can be considered as medical negligence.

It is high time that the medical authorities, government and hospitals take the issue of medical negligence seriously and work towards providing safe and secure treatment to the patients.

Next Story

Arrest of Dr. Kafeel Khan on Eid: This is how Fanatics at Twitterati reacted to it

Should an accused not be arrested just because it happens to be a festival day?

Eid is a muslim festival on which Dr. Kafeel Khan was arrested
Eid is a muslim festival on which Dr. Kafeel Khan was arrested. Wikimedia
  • The intermingling of Crime and Religion occurred  when a doctor named Dr. Kafeel Khan was arrested on grounds of medical negligence in Gorakhpur Tragedy
  • It is not wrong to arrest an alleged criminal on a festival
  • Some people are making Dr. Kafeel Khan’s arrest a communal act

New Delhi, September 4, 2017: Crime and Religion are separate entities altogether but sometimes people blur the lines between the two in order to save an alleged criminal giving religion as an excuse. We should not support a criminal or an alleged criminal even if he belongs to our religion as by doing that we are creating an unsafe environment for others, it can lead to communal violence, it’s wrong from humanitarian perspective, a criminal can do no good for the society (and also for the people belonging to the same religion as him).

There have been many cases in the past where people of India tried to save a criminal because of him being a Godmen (who can’t do anything wrong) like Gurmeet Ram Rahim Singh, Asaram Bapu, Paramahamsa Nithyananda many others. What connects these self-appointed leaders of religion is that their blind followers tried to defend them in spite of them being proved criminals. Such is the case with Indians and Religion that they try to defend criminals in the name of religion.

Also Read: Gorakhpur Tragedy: UP Police arrests Pediatrician Dr. Kafeel Ahmad on grounds of Medical Negligence

The intermingling of Crime and Religion occurred again when a doctor named Dr. Kafeel Ahmed Khan was arrested on grounds of medical negligence in Gorakhpur Tragedy. Whats the catch here? Why will people support an alleged criminal? Why will people speak against an alleged criminal getting arrested? We have the answer, it’s because Dr. Kafeel Khan is a Muslim man and was arrested on the day of Eid which according to the world of twitter is wrong.  Read the tweets below to find out the explanation given by people on why he should not be arrested on Eid:

An alleged  Criminal is an offender in eyes of law, the police can decide on what day he/she should be arrested and a festival falling on that day shouldn’t change the date of arrest. It is not wrong to arrest an alleged criminal on a festival. Should an accused not get arrested just because of a religious festivity?

Some people are making the arrest of Dr. Kafeel Khan a communal act. He was not arrested for being a Muslim, he was arrested for alleged acts of omissions and commissions as an administrator in the hospital in Gorakhpur where several children died allegedly due to lack of oxygen.

Muslim supporters of the doctor are playing the victim card and there are some people who agree on this.

In 2009, Dr. Kafeel Khan was accused of impersonating someone in the National Board Exam for medical registration.The Doctor was arrested due to rape allegations in 2015 but after the police investigation, he was proved innocent and was thus released.  All these past charges were brought into highlight by the social media.

The media hailed the doctor as a hero based on Dr. Kafeel Khan’s statement that he shelved money from his pocket to buy oxygen cylinders on 10th August. But we don’t know if what he said is true or he just said that to escape punishment. The social media played a big role in exposing the past charges.

We can smell hypocrisy here.

Also Read: Gorakhpur Tragedy: Infant Deaths, Principal of Gorakhpur Medical College Rajeev Mishra Resigns

But there are some people who know why intermixing of Crime and Religion is a harmful practice. An alleged criminal was arrested for the crime he did and not because of his religion. It’s shameful that people are defending him, saying it is wrong to arrest a Muslim man on Eid.There are 365 days in a year and on many days various festivals of Hindu, Muslim, Sikh, Christians fall. By this logic, the police should not arrest alleged criminals on the day their prime festival falls which is impossible. This shows a reserved mindset of people who live in the 21st century and still mix religion with the crime. We should not support criminals or alleged criminals even if we share a common religion as ‘Criminals have no religion’.

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