Chapter: 3.2.3 Medico legal Aspects of Communication

1. Misleading Sign Boards

The Medical Council of India permits the registered medical practitioner to put the medical degrees after his name. This written communication informs the patient about the qualifications possessed by the doctor and helps him to take a decision to select his physician. If the written communication is incorrect or misleading there is a cause for legal action.

Dr. Sr Louie & Ors v Smt. Kannolil & Ors. the name board exhibited by the Capital mentioned M.D.( GYN) against the doctor's name creating an Cession that the doctor possessed PG degree in Gynaecology. The degree ~ (GYN) was obtained from Frieburg, Germany which as per the rules and directions from M.C.I is equal to M.B.B.S. in India. The doctor was held liable misrepresentation of fact and was directed to pay the compensation Rs.77000/-

2. Failure to Warn the Risk of Treatment:

Informing the patient about the risk of the treatment is an important part of verbal communication. In case the risk is known to occur commonly, it should be explained even if it is minor problem. Even cases of risks which occur rarely rare needs to be explained. Eg. A person who has been blind in one eye for many years is offered an operation in hope of restoring some degree of vision should be warned of one in 14000 chances of Sympathetic Ophathalmitis developing in the other eye, which could render him blind in both the eyes.

Another example may be that of a neuro paralytic reaction occurring after the conventional anti rabic vaccine treatment before initiating this course, the risk, though rare should be explained in writing to every patient. Not doing so will be a failure of communication for which the doctor would be held responsible.