Should docs pay for negligence after free treatment? SC to study

NEW DELHI: The SC has decided to examine if a doctor can be asked to compensate for medical negligence if he treats a patient free of cost — raised in a petition filed by a father whose daughter died after being administered a wrong injection by his doctor friend. A bench, headed by Justice Dipak Misra, issued notice to the doctor, a resident of Hoogly in West Bengal, even as the district consumer court in Hoogly, the state consumer court and National Consumer District Redressal Commission in Delhi have held the case doesn’t get covered under the consumer law.

Mihir Banerjee’s daughter, Ishita, was rushed to the doctor on May 22, 2001 after she suffered bouts of vomiting. Petitioner counsel MN Krishnamani argued the doctor instructed that the girl be administered an injection, Zofer, used in cancer patients undergoing chemotherapy. After administering Zofer, the child developed complications. The doctor prescribed two other medicines, but she died.

Banerjee filed a complaint of medical negligence seeking compensation upto ` 5 lakh. “If the doctor has not charged money for treatment then the victim cannot claim compensation in the consumer court... Criminal liability, however, will be there and the doctor can be punished,” said Dr Girish Tyagi, honorary secretary, Delhi Medical Council.

Krishnamani said the doctor was liable to pay since he was negligent in asking the compounder to administer Zofer, as the medicine was meant for other purposes.