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Medical Practice & liabilities in Gulbarga Region, Karnataka - A Fifteen Year Retrospective Study


Affiliations
1 Department of Forensic Medicine and Toxicology, M R Medical College, Gulbarga, Karnataka, India
     

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Professional liability is the liability that arises because of professional failure resulting in damages to the client who are required to be compensated monetarily either by the professional or his insurer. In a landmark historical judgment, the Honorable Supreme Court has ruled that doctors should not be held criminally responsible unless there is prime facie evidence before the court in the form of a credible opinion from another competent doctor. Preferably a Government doctor in the same field of medicine supporting the charges of a rash and negligent act1. We studied total 26 cases, which were filed in Gulbarga district forum (consumers court ) out of which Obstetrics and Gynecology is the most professional liability(P L) prone specialty , followed by Surgery, Paediatrics, Orthopaedic, Urosurgery, Ophthalmology, Pathology and Dental etc. Out of the total 26 cases, 21 cases were dismissed and 5 cases are compensated monetarily. According to Oriental Insurance Company, Gulbarga and Indian Insurance Company, Gulbarga PL claims vary with the specialty. This paper discusses all the reasons and also suggests ways and means to minimize the risk of professional liability claims in Medical practice.

Keywords

Medical Practice, Professional Negligence, Professional Liability, Lawsuits.
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  • Medical Practice & liabilities in Gulbarga Region, Karnataka - A Fifteen Year Retrospective Study

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Authors

Vandana Mudda
Department of Forensic Medicine and Toxicology, M R Medical College, Gulbarga, Karnataka, India
Nagesh Kuppast
Department of Forensic Medicine and Toxicology, M R Medical College, Gulbarga, Karnataka, India

Abstract


Professional liability is the liability that arises because of professional failure resulting in damages to the client who are required to be compensated monetarily either by the professional or his insurer. In a landmark historical judgment, the Honorable Supreme Court has ruled that doctors should not be held criminally responsible unless there is prime facie evidence before the court in the form of a credible opinion from another competent doctor. Preferably a Government doctor in the same field of medicine supporting the charges of a rash and negligent act1. We studied total 26 cases, which were filed in Gulbarga district forum (consumers court ) out of which Obstetrics and Gynecology is the most professional liability(P L) prone specialty , followed by Surgery, Paediatrics, Orthopaedic, Urosurgery, Ophthalmology, Pathology and Dental etc. Out of the total 26 cases, 21 cases were dismissed and 5 cases are compensated monetarily. According to Oriental Insurance Company, Gulbarga and Indian Insurance Company, Gulbarga PL claims vary with the specialty. This paper discusses all the reasons and also suggests ways and means to minimize the risk of professional liability claims in Medical practice.

Keywords


Medical Practice, Professional Negligence, Professional Liability, Lawsuits.

References