Re: Medicolegal Advice Needed

[Guest guest]

Dear Dr. Kachewar,

I presume you are in Maharashtra or Mumbai.

You can contact:

AMC-Association of Medical Consultants, Mumbai.

IMA PPS (Professional Protection Scheme), Maharashtra headquartered at Ambazari,

Nagpur.

These come under the domain of Professional indemnity, which I am sure you are

aware of.

You need to be a member, though.

Warm regards,

ragu- 1985 Batch.

Sent from my Windows Phone

________________________________

From: SUSHIL kACHEWAR

Sent: 4/21/2012 9:05 AM

To: mgims ; patho-india ; mcgupta44@...

Cc: patho-india-subscribe ;

patho-india-subscribe ; pathoindia

Subject: Medicolegal Advice Needed

Dear All,

Two years ago, a 30 years sole son of a adivasi /tribal family who was working

for electric cable company

accidentally received electric shock while on duty, fell from electric pole and

became quadriplegic.

He was taken by his superiors to an orthopedic center who examined him, treated

him primarily and send him for MRI of spine.MRI revealed compression fracture of

C7 vertebra with retropulsion of fractured fragment causing cord compression

leading to contusion / cord edema.

The patient took MRI and went to superspeciality hospital and got operated. Now

he is quadriplegic and has lost bladder - bowel control.

He has filed a Civil Lawsuit demanding compensation from the company who

employed him to the tune of 50,00,000.

Moreover, he has also alleged that the doctors were negligent in NOT doing his

MLC as it was a case of trauma due to electric shock while on duty. He claims

that they tried to take advantage of the fact that he is a tribal and uneducated

person. So he has made every hospital he visited and even the MRI diagnostic

facility where he just went for MRI scan [ for an investigation; not treatment]

a respondent in his court case.

1. What is the role of a diagnostic MRI center in such alleged negligence to

report MLC to police? The radiologist has only reported MRI. He has neither seen

nor examined the patient as the patient came for MRI in emergency hours of

night.

2. Who should represent the MRI center [ which is in a Medical College] that

caters to institutional as well as Outside referrals just for MRI; in the court

of law---The Radiologist / The CMO / The Medical Superintendent. Such MRI

requests come from outside directly to the MRI facility and are not registered

in OPD/Casualty of the medical college. They are neither examined nor treated in

MRI. Just the scans are done and reports given so that they go back to the same

doctor who had referred them for MRI.

3. Who is to bear the legal expenses?

I welcome the opinions and comments of each and everyone.

What has happened for one diagnostic facility [here for e.g. MRI ] can happen to

Blood bank / Pathology Lab, which might be sued by such people who might have

visited just to get blood checked / to get blood issued for a patient of Assault

/ RTA . So then are the Radiologist / Pathologists negligent if they do not ask

for MLC ?

What is the legal stand on this issue?

[Guest guest]

Who collects the money for the MRI,

Receipt is in whose name: Dept of Radiology or the Medical college?

Ultimately the Money is deposited in whose A/C and utilized for what purpose?

This will determine who fights and pays for the legal case!

Dr Parag

1980

From: Ragu Krishnan

Sent: Saturday, April 21, 2012 9:28 AM

To: mgims ; patho-india ; mcgupta44@...

Cc: patho-india-subscribe ;

patho-india-subscribe ; pathoindia

Subject: RE: Medicolegal Advice Needed

Dear Dr. Kachewar,

I presume you are in Maharashtra or Mumbai.

You can contact:

AMC-Association of Medical Consultants, Mumbai.

IMA PPS (Professional Protection Scheme), Maharashtra headquartered at Ambazari,

Nagpur.

These come under the domain of Professional indemnity, which I am sure you are

aware of.

You need to be a member, though.

Warm regards,

ragu- 1985 Batch.

Sent from my Windows Phone

________________________________

From: SUSHIL kACHEWAR

Sent: 4/21/2012 9:05 AM

To: mailto:mgims%40yahoogroups.com; mailto:patho-india%40yahoogroups.com;

mailto:mcgupta44%40gmail.com

Cc: mailto:patho-india-subscribe%40yahoogroups.com;

mailto:patho-india-subscribe%40yahoogroups.com;

mailto:pathoindia%40yahoogroups.com

Subject: Medicolegal Advice Needed

Dear All,

Two years ago, a 30 years sole son of a adivasi /tribal family who was working

for electric cable company

accidentally received electric shock while on duty, fell from electric pole and

became quadriplegic.

He was taken by his superiors to an orthopedic center who examined him, treated

him primarily and send him for MRI of spine.MRI revealed compression fracture of

C7 vertebra with retropulsion of fractured fragment causing cord compression

leading to contusion / cord edema.

The patient took MRI and went to superspeciality hospital and got operated. Now

he is quadriplegic and has lost bladder - bowel control.

He has filed a Civil Lawsuit demanding compensation from the company who

employed him to the tune of 50,00,000.

Moreover, he has also alleged that the doctors were negligent in NOT doing his

MLC as it was a case of trauma due to electric shock while on duty. He claims

that they tried to take advantage of the fact that he is a tribal and uneducated

person. So he has made every hospital he visited and even the MRI diagnostic

facility where he just went for MRI scan [ for an investigation; not treatment]

a respondent in his court case.

1. What is the role of a diagnostic MRI center in such alleged negligence to

report MLC to police? The radiologist has only reported MRI. He has neither seen

nor examined the patient as the patient came for MRI in emergency hours of

night.

2. Who should represent the MRI center [ which is in a Medical College] that

caters to institutional as well as Outside referrals just for MRI; in the court

of law---The Radiologist / The CMO / The Medical Superintendent. Such MRI

requests come from outside directly to the MRI facility and are not registered

in OPD/Casualty of the medical college. They are neither examined nor treated in

MRI. Just the scans are done and reports given so that they go back to the same

doctor who had referred them for MRI.

3. Who is to bear the legal expenses?

I welcome the opinions and comments of each and everyone.

What has happened for one diagnostic facility [here for e.g. MRI ] can happen to

Blood bank / Pathology Lab, which might be sued by such people who might have

visited just to get blood checked / to get blood issued for a patient of Assault

/ RTA . So then are the Radiologist / Pathologists negligent if they do not ask

for MLC ?

What is the legal stand on this issue?

[Guest guest]

MRI pts come as reffrd cases so onus of filing/making it a MLC is not on the

radio dept as far as I know ! We get calld by courts for mlc cases yrs after the

scan/MRI done ! As time of scanning v r not even aware if the case is mlc or

accident claim !! Vinchurkar

Sent from my BlackBerry® wireless device

Medicolegal Advice Needed

Dear All,

Two years ago, a 30 years sole son of a adivasi /tribal family who was working

for electric cable company

accidentally received electric shock while on duty, fell from electric pole and

became quadriplegic.

He was taken by his superiors to an orthopedic center who examined him, treated

him primarily and send him for MRI of spine.MRI revealed compression fracture of

C7 vertebra with retropulsion of fractured fragment causing cord compression

leading to contusion / cord edema.

The patient took MRI and went to superspeciality hospital and got operated. Now

he is quadriplegic and has lost bladder - bowel control.

He has filed a Civil Lawsuit demanding compensation from the company who

employed him to the tune of 50,00,000.

Moreover, he has also alleged that the doctors were negligent in NOT doing his

MLC as it was a case of trauma due to electric shock while on duty. He claims

that they tried to take advantage of the fact that he is a tribal and uneducated

person. So he has made every hospital he visited and even the MRI diagnostic

facility where he just went for MRI scan [ for an investigation; not treatment]

a respondent in his court case.

1. What is the role of a diagnostic MRI center in such alleged negligence to

report MLC to police? The radiologist has only reported MRI. He has neither seen

nor examined the patient as the patient came for MRI in emergency hours of

night.

2. Who should represent the MRI center [ which is in a Medical College] that

caters to institutional as well as Outside referrals just for MRI; in the court

of law---The Radiologist / The CMO / The Medical Superintendent. Such MRI

requests come from outside directly to the MRI facility and are not registered

in OPD/Casualty of the medical college. They are neither examined nor treated in

MRI. Just the scans are done and reports given so that they go back to the same

doctor who had referred them for MRI.

3. Who is to bear the legal expenses?

I welcome the opinions and comments of each and everyone.

What has happened for one diagnostic facility [here for e.g. MRI ] can happen to

Blood bank / Pathology Lab, which might be sued by such people who might have

visited just to get blood checked / to get blood issued for a patient of Assault

/ RTA . So then are the Radiologist / Pathologists negligent if they do not ask

for MLC ?

What is the legal stand on this issue?

[Guest guest]

Hi Dr Kachewar,

One of the basic tenets of medical malpractice is that 2 facts have to be proven

1) that  what was done is not what another practitioner of the same credentials

would do

2) that the plaintiff (i.e the patient who has filed the lawsuit) was adversely

affected because of what was done.

 The onus of proving these above two facts is completely on the plaintiff to

prove .

 A lot of time when a lawsuit is initially filed the plaintiff's lawyers name

anybody and everybody involved. Then after the initial discovery phase a lot of

the miscellaneous people are dropped.

Usually in such cases where a diagnostic facility is involved the usual matters

that lawsuits happen is if there is a delay in getting the procedure done ( i.e

if there was a stat order whether it was done in a timely fashion) or if the

radiologist involved did not take all possible efforts to contact the treating

physician to relay the result.

As to who should represent the mri center. If the MRI center is part of an

institution , the institution lawyer is the one to be contacted.

But the radiologist should have his own lawyer. IF the radiologist is an

employed physician then the employer is required to provide legal services, but

it is always recommended that the radiologist also hire a personal lawyer to

peruse the case,  as there might be conflict of interest if he  uses the

institution lawyer. In this situation the radiologist will have to bear the cost

 Hope this helps. Of course I am not a lawyer and you should contact a legal

service immediately

tc

Nilanjana Dasgupta (91 batch)

Subject: Medicolegal Advice Needed

To: " mgims " <mgims >,

" patho-india " <patho-india >,

" mcgupta44@... "

Cc: " patho-india-subscribe "

<patho-india-subscribe >, " patho-india-subscribe "

<patho-india-subscribe >, " pathoindia "

<pathoindia >

Date: Friday, April 20, 2012, 10:11 PM

 

Dear All,

Two years ago, a 30 years sole son of a adivasi /tribal family who was working

for electric cable company

accidentally received electric shock while on duty, fell from electric pole and

became quadriplegic.

He was taken by his superiors to an orthopedic center who examined him, treated

him primarily and send him for MRI of spine.MRI revealed compression fracture of

C7 vertebra with retropulsion of fractured fragment causing cord compression

leading to contusion / cord edema.

The patient took MRI and went to superspeciality hospital and got operated. Now

he is quadriplegic and has lost bladder - bowel control.

He has filed a Civil Lawsuit demanding compensation from the company who

employed him to the tune of 50,00,000.

Moreover, he has also alleged that  the doctors were negligent in NOT doing his

MLC as it was a case of trauma due to electric shock while on duty. He claims

that they tried to take advantage of the fact that he is a tribal and uneducated

person. So he has made every hospital he visited and even the MRI diagnostic

facility where he just went for MRI scan [ for an investigation; not treatment]

a respondent in his court case.

1. What is the role of a diagnostic MRI center in such alleged negligence to

report MLC to police? The radiologist has only reported MRI. He has neither seen

nor examined the patient as the patient came for MRI in emergency hours of

night.

2. Who should represent the MRI center [ which is in a Medical College] that

caters to institutional as well as Outside referrals just for MRI; in the court

of law---The Radiologist / The CMO / The Medical Superintendent. Such MRI

requests come from outside directly to the MRI facility and are not registered

in OPD/Casualty of the medical college. They are neither examined nor treated in

MRI. Just the scans are done and reports given so that they go back to the same

doctor who had referred them for MRI.  

 

3. Who is to bear the legal expenses?

I welcome the opinions and comments of each and everyone.

What has happened for one diagnostic facility [here for e.g. MRI ] can happen to

Blood bank / Pathology Lab, which might be sued by such people who might have

visited just to get blood checked / to get blood issued for a patient of Assault

/ RTA . So then are the  Radiologist / Pathologists negligent if they do not

ask for MLC ?

What is the legal stand on this issue?

[Guest guest]

whose neck is on the line? He pays and supervises the case with his personal

lawyer.

 

Ashok Sinha

>________________________________

>

>To: mgims

>Sent: Saturday, April 21, 2012 12:19 PM

>Subject: Re: Medicolegal Advice Needed

>

>

> 

>MRI pts come as reffrd cases so onus of filing/making it a MLC is not on the

radio dept as far as I know ! We get calld by courts for mlc cases yrs after the

scan/MRI done ! As time of scanning v r not even aware if the case is mlc or

accident claim !! Vinchurkar

>Sent from my BlackBerry® wireless device

>

> Medicolegal Advice Needed

>

>Dear All,

>

>Two years ago, a 30 years sole son of a adivasi /tribal family who was working

for electric cable company

>accidentally received electric shock while on duty, fell from electric pole and

became quadriplegic.

>He was taken by his superiors to an orthopedic center who examined him, treated

him primarily and send him for MRI of spine.MRI revealed compression fracture of

C7 vertebra with retropulsion of fractured fragment causing cord compression

leading to contusion / cord edema.

>The patient took MRI and went to superspeciality hospital and got operated. Now

he is quadriplegic and has lost bladder - bowel control.

>He has filed a Civil Lawsuit demanding compensation from the company who

employed him to the tune of 50,00,000.

>Moreover, he has also alleged that the doctors were negligent in NOT doing his

MLC as it was a case of trauma due to electric shock while on duty. He claims

that they tried to take advantage of the fact that he is a tribal and uneducated

person. So he has made every hospital he visited and even the MRI diagnostic

facility where he just went for MRI scan [ for an investigation; not treatment]

a respondent in his court case.

>

>1. What is the role of a diagnostic MRI center in such alleged negligence to

report MLC to police? The radiologist has only reported MRI. He has neither seen

nor examined the patient as the patient came for MRI in emergency hours of

night.

>

>2. Who should represent the MRI center [ which is in a Medical College] that

caters to institutional as well as Outside referrals just for MRI; in the court

of law---The Radiologist / The CMO / The Medical Superintendent. Such MRI

requests come from outside directly to the MRI facility and are not registered

in OPD/Casualty of the medical college. They are neither examined nor treated in

MRI. Just the scans are done and reports given so that they go back to the same

doctor who had referred them for MRI.

>

>3. Who is to bear the legal expenses?

>

>I welcome the opinions and comments of each and everyone.

>

>What has happened for one diagnostic facility [here for e.g. MRI ] can happen

to Blood bank / Pathology Lab, which might be sued by such people who might have

visited just to get blood checked / to get blood issued for a patient of Assault

/ RTA . So then are the Radiologist / Pathologists negligent if they do not ask

for MLC ?

>

>What is the legal stand on this issue?

>

>

[Guest guest]

Nilanjana,

I wonder if things are as defined in India.

One more thing is odd about this case. Isn't the quadriplegia because of the

accident and not the surgery.

And the time frame and condition of patient is peculiar. Correct me if I am

wrong but if surgery was to salvage function doesn't it all have to happen right

away.

If I am right we wouldn't have this scenario (MLC business) here.

Ashok '84

Sent from my iPad

> Hi Dr Kachewar,

> One of the basic tenets of medical malpractice is that 2 facts have to be

proven

> 1) that what was done is not what another practitioner of the same

credentials would do

> 2) that the plaintiff (i.e the patient who has filed the lawsuit) was

adversely affected because of what was done.

>

> The onus of proving these above two facts is completely on the plaintiff to

prove .

> A lot of time when a lawsuit is initially filed the plaintiff's lawyers name

anybody and everybody involved. Then after the initial discovery phase a lot of

the miscellaneous people are dropped.

>

> Usually in such cases where a diagnostic facility is involved the usual

matters that lawsuits happen is if there is a delay in getting the procedure

done ( i.e if there was a stat order whether it was done in a timely fashion) or

if the radiologist involved did not take all possible efforts to contact the

treating physician to relay the result.

>

> As to who should represent the mri center. If the MRI center is part of an

institution , the institution lawyer is the one to be contacted.

> But the radiologist should have his own lawyer. IF the radiologist is an

employed physician then the employer is required to provide legal services, but

it is always recommended that the radiologist also hire a personal lawyer to

peruse the case, as there might be conflict of interest if he uses the

institution lawyer. In this situation the radiologist will have to bear the cost

> Hope this helps. Of course I am not a lawyer and you should contact a legal

service immediately

> tc

> Nilanjana Dasgupta (91 batch)

>

>

>

>

> Subject: Medicolegal Advice Needed

> To: " mgims " <mgims >,

" patho-india " <patho-india >,

" mcgupta44@... "

> Cc: " patho-india-subscribe "

<patho-india-subscribe >, " patho-india-subscribe "

<patho-india-subscribe >, " pathoindia "

<pathoindia >

> Date: Friday, April 20, 2012, 10:11 PM

>

>

>

> Dear All,

>

> Two years ago, a 30 years sole son of a adivasi /tribal family who was working

for electric cable company

>

> accidentally received electric shock while on duty, fell from electric pole

and became quadriplegic.

>

> He was taken by his superiors to an orthopedic center who examined him,

treated him primarily and send him for MRI of spine.MRI revealed compression

fracture of C7 vertebra with retropulsion of fractured fragment causing cord

compression leading to contusion / cord edema.

>

> The patient took MRI and went to superspeciality hospital and got operated.

Now he is quadriplegic and has lost bladder - bowel control.

>

> He has filed a Civil Lawsuit demanding compensation from the company who

employed him to the tune of 50,00,000.

>

> Moreover, he has also alleged that the doctors were negligent in NOT doing

his MLC as it was a case of trauma due to electric shock while on duty. He

claims that they tried to take advantage of the fact that he is a tribal and

uneducated person. So he has made every hospital he visited and even the MRI

diagnostic facility where he just went for MRI scan [ for an investigation; not

treatment] a respondent in his court case.

>

> 1. What is the role of a diagnostic MRI center in such alleged negligence to

report MLC to police? The radiologist has only reported MRI. He has neither seen

nor examined the patient as the patient came for MRI in emergency hours of

night.

>

> 2. Who should represent the MRI center [ which is in a Medical College] that

caters to institutional as well as Outside referrals just for MRI; in the court

of law---The Radiologist / The CMO / The Medical Superintendent. Such MRI

requests come from outside directly to the MRI facility and are not registered

in OPD/Casualty of the medical college. They are neither examined nor treated in

MRI. Just the scans are done and reports given so that they go back to the same

doctor who had referred them for MRI.

>

>

>

> 3. Who is to bear the legal expenses?

>

> I welcome the opinions and comments of each and everyone.

>

> What has happened for one diagnostic facility [here for e.g. MRI ] can happen

to Blood bank / Pathology Lab, which might be sued by such people who might have

visited just to get blood checked / to get blood issued for a patient of Assault

/ RTA . So then are the Radiologist / Pathologists negligent if they do not ask

for MLC ?

>

> What is the legal stand on this issue?

>

>

[Guest guest]

Yes Ashok sir,

you are right.

it may not be as well defined in India,

TC

Nilanjana

>

>

> Subject: Medicolegal Advice Needed

> To: " mgims " <mgims >,

" patho-india " <patho-india >,

" mcgupta44@... "

> Cc: " patho-india-subscribe "

<patho-india-subscribe >, " patho-india-subscribe "

<patho-india-subscribe >, " pathoindia "

<pathoindia >

> Date: Friday, April 20, 2012, 10:11 PM

>

>

>

> Dear All,

>

> Two years ago, a 30 years sole son of a adivasi /tribal family who was working

for electric cable company

>

> accidentally received electric shock while on duty, fell from electric pole

and became quadriplegic.

>

> He was taken by his superiors to an orthopedic center who examined him,

treated him primarily and send him for MRI of spine.MRI revealed compression

fracture of C7 vertebra with retropulsion of fractured fragment causing cord

compression leading to contusion / cord edema.

>

> The patient took MRI and went to superspeciality hospital and got operated.

Now he is quadriplegic and has lost bladder - bowel control.

>

> He has filed a Civil Lawsuit demanding compensation from the company who

employed him to the tune of 50,00,000.

>

> Moreover, he has also alleged that the doctors were negligent in NOT doing his

MLC as it was a case of trauma due to electric shock while on duty. He claims

that they tried to take advantage of the fact that he is a tribal and uneducated

person. So he has made every hospital he visited and even the MRI diagnostic

facility where he just went for MRI scan [ for an investigation; not treatment]

a respondent in his court case.

>

> 1. What is the role of a diagnostic MRI center in such alleged negligence to

report MLC to police? The radiologist has only reported MRI. He has neither seen

nor examined the patient as the patient came for MRI in emergency hours of

night.

>

> 2. Who should represent the MRI center [ which is in a Medical College] that

caters to institutional as well as Outside referrals just for MRI; in the court

of law---The Radiologist / The CMO / The Medical Superintendent. Such MRI

requests come from outside directly to the MRI facility and are not registered

in OPD/Casualty of the medical college. They are neither examined nor treated in

MRI. Just the scans are done and reports given so that they go back to the same

doctor who had referred them for MRI.

>

>

>

> 3. Who is to bear the legal expenses?

>

> I welcome the opinions and comments of each and everyone.

>

> What has happened for one diagnostic facility [here for e.g. MRI ] can happen

to Blood bank / Pathology Lab, which might be sued by such people who might have

visited just to get blood checked / to get blood issued for a patient of Assault

/ RTA . So then are the Radiologist / Pathologists negligent if they do not ask

for MLC ?

>

> What is the legal stand on this issue?

>

>

[Guest guest]

Also Nilanjana don't they say that the lawyers come after the deepest pockets

here in the US.

Ashok 1984b

Sent from my iPad

> Yes Ashok sir,

> you are right.

> it may not be as well defined in India,

> TC

> Nilanjana

>

>

> >

> >

> > Subject: Medicolegal Advice Needed

> > To: " mgims " <mgims >,

" patho-india " <patho-india >,

" mcgupta44@... "

> > Cc: " patho-india-subscribe "

<patho-india-subscribe >, " patho-india-subscribe "

<patho-india-subscribe >, " pathoindia "

<pathoindia >

> > Date: Friday, April 20, 2012, 10:11 PM

> >

> >

> >

> > Dear All,

> >

> > Two years ago, a 30 years sole son of a adivasi /tribal family who was

working for electric cable company

> >

> > accidentally received electric shock while on duty, fell from electric pole

and became quadriplegic.

> >

> > He was taken by his superiors to an orthopedic center who examined him,

treated him primarily and send him for MRI of spine.MRI revealed compression

fracture of C7 vertebra with retropulsion of fractured fragment causing cord

compression leading to contusion / cord edema.

> >

> > The patient took MRI and went to superspeciality hospital and got operated.

Now he is quadriplegic and has lost bladder - bowel control.

> >

> > He has filed a Civil Lawsuit demanding compensation from the company who

employed him to the tune of 50,00,000.

> >

> > Moreover, he has also alleged that the doctors were negligent in NOT doing

his MLC as it was a case of trauma due to electric shock while on duty. He

claims that they tried to take advantage of the fact that he is a tribal and

uneducated person. So he has made every hospital he visited and even the MRI

diagnostic facility where he just went for MRI scan [ for an investigation; not

treatment] a respondent in his court case.

> >

> > 1. What is the role of a diagnostic MRI center in such alleged negligence to

report MLC to police? The radiologist has only reported MRI. He has neither seen

nor examined the patient as the patient came for MRI in emergency hours of

night.

> >

> > 2. Who should represent the MRI center [ which is in a Medical College] that

caters to institutional as well as Outside referrals just for MRI; in the court

of law---The Radiologist / The CMO / The Medical Superintendent. Such MRI

requests come from outside directly to the MRI facility and are not registered

in OPD/Casualty of the medical college. They are neither examined nor treated in

MRI. Just the scans are done and reports given so that they go back to the same

doctor who had referred them for MRI.

> >

> >

> >

> > 3. Who is to bear the legal expenses?

> >

> > I welcome the opinions and comments of each and everyone.

> >

> > What has happened for one diagnostic facility [here for e.g. MRI ] can

happen to Blood bank / Pathology Lab, which might be sued by such people who

might have visited just to get blood checked / to get blood issued for a patient

of Assault / RTA . So then are the Radiologist / Pathologists negligent if they

do not ask for MLC ?

> >

> > What is the legal stand on this issue?

> >

> >

[Guest guest]

Actually no. Now with Tort reform, its not just the deepest pockets but the

number of pockets. SO for example, they can go after the institution, the

individual, and the employer.

as they have a separate  non economic cap for each.

so lawyers  initially will go after anyone, and everyone.

Nilanjanna

> >

> >

> > Subject: Medicolegal Advice Needed

> > To: " mgims " <mgims >,

" patho-india " <patho-india >,

" mcgupta44@... "

> > Cc: " patho-india-subscribe "

<patho-india-subscribe >, " patho-india-subscribe "

<patho-india-subscribe >, " pathoindia "

<pathoindia >

> > Date: Friday, April 20, 2012, 10:11 PM

> >

> >

> >

> > Dear All,

> >

> > Two years ago, a 30 years sole son of a adivasi /tribal family who was

working for electric cable company

> >

> > accidentally received electric shock while on duty, fell from electric pole

and became quadriplegic.

> >

> > He was taken by his superiors to an orthopedic center who examined him,

treated him primarily and send him for MRI of spine.MRI revealed compression

fracture of C7 vertebra with retropulsion of fractured fragment causing cord

compression leading to contusion / cord edema.

> >

> > The patient took MRI and went to superspeciality hospital and got operated.

Now he is quadriplegic and has lost bladder - bowel control.

> >

> > He has filed a Civil Lawsuit demanding compensation from the company who

employed him to the tune of 50,00,000.

> >

> > Moreover, he has also alleged that the doctors were negligent in NOT doing

his MLC as it was a case of trauma due to electric shock while on duty. He

claims that they tried to take advantage of the fact that he is a tribal and

uneducated person. So he has made every hospital he visited and even the MRI

diagnostic facility where he just went for MRI scan [ for an investigation; not

treatment] a respondent in his court case.

> >

> > 1. What is the role of a diagnostic MRI center in such alleged negligence to

report MLC to police? The radiologist has only reported MRI. He has neither seen

nor examined the patient as the patient came for MRI in emergency hours of

night.

> >

> > 2. Who should represent the MRI center [ which is in a Medical College] that

caters to institutional as well as Outside referrals just for MRI; in the court

of law---The Radiologist / The CMO / The Medical Superintendent. Such MRI

requests come from outside directly to the MRI facility and are not registered

in OPD/Casualty of the medical college. They are neither examined nor treated in

MRI. Just the scans are done and reports given so that they go back to the same

doctor who had referred them for MRI.

> >

> >

> >

> > 3. Who is to bear the legal expenses?

> >

> > I welcome the opinions and comments of each and everyone.

> >

> > What has happened for one diagnostic facility [here for e.g. MRI ] can

happen to Blood bank / Pathology Lab, which might be sued by such people who

might have visited just to get blood checked / to get blood issued for a patient

of Assault / RTA . So then are the Radiologist / Pathologists negligent if they

do not ask for MLC ?

> >

> > What is the legal stand on this issue?

> >

> >