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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