Saturday, 5 July 2014

Court is not bound by evidence of experts......... Medicos Legal Action Group

  Medicos Legal Action Group

Court is not bound by evidence of experts

Interesting judgment.Panchkula District 

Consumer Forum

Ante natal patient tells blood group B + noted 

on file, test not done. Repeat ultrasounds done 

by gynaecologist on antenatal visits. Advised 

Level II ultrasound outside at 16 weeks along 

with triple test. Patient comes at 21 weeks 


ultrasound report from Civil Hospital Mohali 

stating no congenital abnormality seen. Triple 

test not done as advised (this fact was 

recorded) . When patient was admitted for 

delivery on U/S gynaecologist suspected 

problem, referred for another ultrasound from 

radiologist where it was reported as 

hydrocephalus with meningocoel . Finally 

delivered dead female child at PGIMER. Police 

got a medical board formed at Panchkula civil 

Hospital through the civil surgeon which gave 

findings"..... the panel is of the view that Dr 

Renu Chakarwarty of Chakarwarty Nursing 

Home cannot be held responsible of any

 negligence in this case.”

The district Forum however observed that "It 

appears that the report is given by the Medical 

Board toassist the Op No.1 being in the same 

profession."The Forum decided to get another 

expert opinion from PGIMER and accordingly a 

board of 4 doctors was constituted by Director 

PGIMER. This board concluded that " Dr.Renu 

Chakarwarty was not responsible for any

 medical negligence in this case". The forum 

however in its wisdom concluded that "Court is 

not bound by evidence of experts which to a

 large extent is advisory in nature". The 


Forum decided "OP No.1 did not adopt the

 practice of clinical observation and diagnosis 

including diagnostic tests in the case that 

would have been adopted by a doctor, leave 

alone a specialist." 10 lacs awarded to be paid 

by insurer and gynaecologist jointly and 

severally along with 2 lac for mental 

harrasment to be paid by gynaecologist 


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