Risks- does your Doctor tell ? If not, it still is yours !
Is your Doctor playing Dice with you ? The Risks are yours !
It is bounden duty of a Doctor to tell his patient pros and cons – including Risks – of treatment suggested by him. Plain common sense, backed by law and several cases.
However, sometimes the Doctor/ Surgeon errs grossly on this. Reasons ? Money or sheer incompetence / overconfidence. Who pays ? The Patient. For a lifetime, many times…
While there is a whole plethora of cases similar, they still do not seem to stop. In one of the recent ones, Orissa High Court has again observed :
The Court went on to explain that it it was the duty of the petitioner to explain the deceased or at least the complainant, chances of success and the risk of failure of the suggested treatment and inform them about the foreseeable risks and possible negative effects of the treatment keeping in mind the patient’s specific condition.
The Court referring to Alister Anthony Pareira v. State of Maharashtra, (2012) 2 SCC 648 held that there were no prima facie materials for commission of an offence under Section 304 Part II IPC. However, the materials were sufficient under S. 304-A IPC. The petition was disposed of with the direction to trial court that it was free to assess the evidence which would come on record during trial.
The original order is here :