Medicolegal Advice Needed

[Guest guest]

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?