While pointing at the growing instances of "compensation culture" where patients or their family members sue doctors alleging medical negligence, the high court said if public servants can be legally protected for bona fide errors in their actions, there is no reason for not extending such protection to medical professionals too.

The court made this observation while coming to the rescue of Dr Ganesh Nayak, a Bengaluru-based medical practitioner, who was warned by the Karnataka Medical Council (KMC) over some procedural lapses in treating a 65-year-old woman.

“Research is not needed to show that more often than not, cases of medical negligence are initiated recklessly by patients and their relatives. 'Compensation culture' which prevails in other sectors is gradually gaining entry into the field of medical services in our society, affecting a healthy relationship between doctor and patient. It is tritely said 'faith heals and not medicine'. Faith here means the one reposed in the treating doctor," justice Krishna S Dixit noted.

"Courts have been nowadays observing that an unscrupulous section of people is prone to use the slightest opportunity to sue doctors and hospitals, in the hope of making a fast buck. The motivation of people seeking action for medical negligence is more complicated- some sue for money, others for getting an acceptance of guilt and some do it to ensure that errors would not be repeated. But a large chunk of cases don't involve bonafide claims and can't be much disputed," the judge further said.

The judge observed that 'compensation culture', be it truth or myth in varying degrees, has given rise to risk aversion, and medical professionals with complaints against them gather an impression that there is an unjustifiable attack on their professional integrity and reputation. "This may lead to a defensive response of the medicos, ultimately resulting in enormous cost escalation in medical services, "the judge opined.

However, at the same time, the judge added that in the medical profession, service ought to be the motto and not profit and as any professional, doctors too are not immune to legal action for medical negligence, as opined by the in Indian Medical Association vs VP Shantha case in 2005. Dr Ganesh Nayak had challenged the May 5, 2009 order issued by KMC, whereby he was administered the punishment of 'warning' for the alleged occupational lapse, namely some procedural breach in performing angioplasty on an aged and ailing woman.

According to him, the patient was suffering from multiple ailments, including diabetes, neuropathy and nephropathy, among others, and was being treated by several other doctors in different hospitals at different times.

He claimed the allegation, however, was made only against him and no explanation was offered as to why others who had treated her before were not even issued a show-cause notice.

Justice Dixit after perusing the medical records placed before the court pointed out that the cause of death was serious bacterial infection contracted later, adding there was a huge time gap between the angioplasty performed by the petitioner and demise of the patient.

Source: https://timesofindia.indiatimes.com/city/bengaluru/even-doctors-must-be-protected-against-bona-fide-errors-says-karnataka-hc/articleshow/89007606.cms