| Medico Legal News
(AYURVEDIC DOCTOR ) |  | 
              
                |  | Dear Doctor,
                  Our effort is to provide you with the latest and  relevant developments in the field of medico legal services for this we are  providing you some case references from the field of Ayurvedic. |  | 
              
                |  | AYURVEDIC DOCTOR |  | 
              
                |  | 1.1 Ayurvedic doctor-No relief after treatment-Recovery after treatment from  somewhere else-No negligence- The complainant had some ailment for which the  opposite party gave some treatment. No relief. Took treatment elsewhere where  he recovered. Simply because the treatment did not bring the necessary results  does not mean that there was deficiency in service. The complaint dismissed. Madan  Mohan v. Dr. Ashwani Sood, 1996 (2) CPJ 204 (Har. SCDRC). |  | 
              
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                |  | 1.2 Ayurvedic doctor-Prescription of allopathic medicine-Negligence  held-Complainant-Haneefa's daughtered 4-1/2 years was taken to Dr. S.N. Nam-boodiri  for treatment of jaundice. He got her urine tested and prescribed some  allopathic and Ayurvedic drugs, but no improvement occurred, and child was  shifted to Medical College, but ultimately expired. Dr. Namboodiri's  qualification DAM and DMS were in the Ayurvedic system, and on the basis of  these qualifications and registration the State Commission held that he was not  competent to prescribe all Drathic medicines. On the basis of the evidence of  the two doctors who treated the child subsequently Dr. Namboodiri was held  negligent and the compensation of Rs. 25,0001- awarded to the complainant by  the District Forum was enhanced to Rs. 40,0001-. [Dr. S.N. Namboodiri v. Haneefa, 1998 (1) CPJ 389 (Ker. SCDRC).]  |  | 
              
                |  | 1.3 Ayurveda-RMP-Not competent to administer allopathic injections- Wrong  administration of I. V. Drug-Amputation of three rmgers-Negligence held-The  complainant had initially filed his complaint before the State Commission but  as the claim was inflated the complaint was ordered to be returned to be filed  before the District Forum. Subsequently, the complaint was tried before the  District Forum, Ferozepur. Having failed before the District Forum, the present  appeal was filed before State Commission. The Commission awarded Rs. 9,207.50 on count of  receipts and bills of medicines and hospital charges, Rs. 5,8001- as Taxi  bills, Rs. 50,0001- on account of his physical handicap which is going to  affect the business and Rs. 5,0001- as costs of the two litigations. This came  to a total of Rs. 70,007.50. [Khairaiti Lal v. Kewal Krishan, 1998  (1) CPJ 181 (Punj. SCDRC).]Khairaiti Lal had abdominal pain and had consulted Dr. Kewal  Krishan who admin- istered injection containing four medicines namely Fortwin,  Calmpose, Anafortan and Norphen I. V. in his right arm. Following this he  developed severe pain in fingers and ultimately his three fingers in right hand  had to be amputated in CMC Ludhiana, due to development of gangrene. The State  Commission allowed an application filed on behalf of the complainant to record  statement of Dr. Mohan Varghees, Professor of cardio-thoracic and general  surgery , CMC, Ludhiana. In his  statement Dr. Varghees, has categorically stated the cause to be wrong  administration of injection containing the four medicines referred to above. It  was also pointed out that Dr. Kewal Kishan is only a Registered Medical  Practitioner in Ayurveda. The State Commission held that on this account he was  not competent to administer injection containing allopathic medicines. In his  affidavit Dr. Kewal Krishan did not disclose his qualifications to practise as  a doctor, nor led cogent evidence that either he was competent to prescribe  such medicines or otherwise competent to administer such medicines.
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                |  | 1.4 Ayurvedic  doctor-Hazardous drugs-Prescription and administration-Ayurvedic  prescription-Patient suffering from diabetes regularly consuming prescribed  ayurvedic tablets and developing severe stomach ache-Diagnosis revealing  chronic lead poison-On analysis of samples of prescribed tablets in " laboratory,  the capsules found to be containing 1681 ppm. lead as against the ~ permissible  limit of 20 ppm.-Held, deficiency in service and the opposite parties tj liable  for compensation which is quantified at Rs. 50,000 on facts- There was no  indication at all of the presence of any lead in Pallrywyn Forte capsule.  The content of I' lead in the said tablet in large proportion had been  concealed by the manufacturer  
                  opposite party No.3. Therefore, it is crystal clear  that Pallrywyn Forte, which is hazardous to the health and safety of the  public, is manufactured and offered for sale by the opposite party No.3. What  is further worse is that the opposite parties 1 and 2 also offered for sale  such hazardous drug to the public and also prescribed such drug for treatment  of the disease of diabetes to patients like the complainant. The capsule Pallrywyn  Forte is admittedly an Ayurvedic drug as proclaimed by the opposite  parties. It is not at all the case of any of the opposite parties that the  capsule Pallrywyn Forte is prepared or manufactured as per anyone of the  55 pharmacopoeia listed in the I Schedule to the Drugs and Cosmetics Act, 1940  under the caption Ayurveda.
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                |  |  If the  said capsule had been prepared in conformity with anyone of the pharmacopoeia  in the I Schedule, it goes without saying that the opposite parties would be  protected from the onslaught of attack of either manufacturing and marketing  for sale or prescribing and administering such tablet which are hazardous in  nature affecting the life and safety of the public. Therefore, the prescription  and administration of such hazardous drug to the complainant by the opposite  parties 1 and 2 would definitely tantamount to deficiency in service on their  part. [K.M. Balakrishnan @ Premnath v. Padma Ayurveda Vaidyasala  and Research Centre & Ors., 2003 (3) CPJ 645 (TN SCDRC)] |  | 
            
              
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