Whether doctor prescribing medicine without diagnosis would be held guilty for medical negligence?
held above, in case there was an error in diagnosis, it would be a civil
liability. But in the present case,
(i) the patient was directed to be admitted in the absence of the
doctors;
(ii) the medicines were administered on telephonic instructions
without even enquiring about the symptoms or nature of the pain
suffered by the patient;
(iii) there was no resident medical officer;
(iv) no alternative arrangement was made;
(v) In fact, Dr. Karmarkar was also called by the staff when the
health of the patient started deteriorating. The applicants had not even
bothered to ask Dr. Karmarkar about the treatment given by him or the
condition of the patient.
(vi) All these when the complainant wanted to admit his wife in
another hospital.
There is gross negligence from the point of standard of care.
Prescripttion without diagnosis would amount to culpable
negligence. This issue is decided in the affirmative.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 513 OF 2018
1 Deepa Sanjeev Pawaskar.
2 Sanjeev Anant Pawaskar.
V/s.
The State of Maharashtra.
CORAM : SMT. SADHANA S. JADHAV,J.
PRONOUNCED ON : JULY 25, 2018.
https://www.lawweb.in/2018/07/whether-doctor-prescribing-medicine.html
