Professional
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).

 
 

 
 

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.
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.

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).]
 
 

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.

 
 

 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)]

 
     
  Read CARDIOLOGIST  
 

 

 
 
 
 
  Medico Legal Insurance Consultants Pvt. Ltd..
Site Designed, Developed & Maintained By : DOT BIZ | e-mail: info@dotbizindia.com