Conduct of doctor: court takes a serious view

The cases of alleged medical negligence are being reported increasingly day by day and already it has become a great problem for medical professionals. In this context the recent verdict passed by the supreme court of India in the case Dr. P.B. Desai vs. state of Maharashtra & ANR on 13-9-2013 needs special mention. The verdict states that the conduct of the doctor is paramount while discharging his duties as caregiver. On 13th January, 1998, Maharashtra Medical Council held Dr Desai guilty of misconduct. The Bombay high court upheld the conviction on 16th October, 2012 and ordered him to pay damages of Rs. 15 lakh. The appellant (Dr. Desai) moved the supreme court of India where the court quashed the criminal liability, while upholding the negligence part, as had been adjudged by the state medical council and the Bombay high court, after a nearly 26-year-long legal battle. The patient was a case of carcinoma breast with metastasis, and was suffering from vaginal bleeding. Dr. Desai had advised exploratory laparotomy to ascertain if hysterectomy could be done to stop the bleeding. However due to severe adhesions and ascites, the abdomen was closed without any further intervention.