Insurance helping Negligent Doctors before the Courts

Background ;

·         A case before National Commission in 1996 ,death case of a young and talented boy of sixteen year old  due to given spinal anesthesia  for performing operation which was not permitted to the person of this age as per the medical literature available  on the subject  Insurance companies jumped in to picture defended doctors with battery of eminent lawyers and raised number of preliminary objection ,father of the boy was forced to compromise ultimately.

The case Gurudatta Puri Hospital Lithotripsy Center vs Nusrat [2002] CTJ 53 CP

 

·          travelled from District Forum in Maddhya Pradesh  wherein Doctors remained absent for defending their case and it was only insurance companies present before the forum to defend the negligence of Doctors as defending parties .The case was decided against Doctors.

·         An appeal was filed by Doctors as well as by Insurance companies. before State commission. One of the issues before the commission was whether the Insurance Companies should be made party in defence in Doctors medical negligence cases State Commission held;

“The case can be dealt and decided without the help of insurance companies with the records available with the idea that if insurance companies are brought in the picture the consequences will be adverse for the consumers causing more delay and harassment by two big giants Doctors too may also take the things easy if their responsibility is shared by insurance companies”

 

·         Two Revision petitions out of two separate judgments from Punjab State Consumer Dispute Redressal Commission

 

New India Assurance Company Ltd. V/S Hardeep Singh and others & Revision petitions No 2640 AND 2648 of 2002

National commission held  

!) “If insurance companies are barred from making party, they will have a good case to go in appeal on this very ground. Even if they do not go for appeal, there may be another case by Doctors against insurance company for their claim if insurance company refuse to pay for any reason .In such a situation ultimately  consumer is a sufferer if dragged in their litigation or  not paid in spite of winning the case against the doctors. National Commission with the intention to help the consumers allowed insurance companies to be impleaded as party in defence”

 

Commission Further  held that

!!)“ Doctors are to defend their cases on merit on their own .

!!!) Insurance companies will be an agency who will tell about the validity of insurance made and its other relevant espects.i.e admissibility, period of the policy made etc.Any other objections if company has in respect of the policy can also be decided here itself.

Supreme court confirmed the order

  !) Insurance company can be allowed to participate in the pleadings in a case where Doctor is insured with them as professional

!!) Doctors are to defend their own case on merits and insurance company has to do nothing in defending doctors negligence

!!!) Insurance companies will be an agency who will tell about the validity of insurance made and its other relevant espects.i.e admissibility, period of the policy made etc.Any other objections if company has in respect of the policy can also be decided here itself.

 

By Dr Prem Lata 

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