West Bengal Judicial Academy Project on Medical Negligence and Consumer

Protection in West Bengal: Need for expanding the role of the Judiciary

Questionnaire for Doctors

An indispensable limb of this project is the perspective of the medical professionals who are one
of the main stakeholders in cases of medical negligence.

Therefore we request you to kindly take out time to fill up the following questionnaire. You will
notice that some of the questions are objective in nature while the remaining are subjective.
Looking forward to your cooperation in making this WBJA project a grand success.

We assure you that your identity shall be kept anonymous.

NAME: ______________________________________________________________________

DISTRICT: ___________________________________________________________________

PHONE NUMBER: ____________________________________________________________

EMAIL ADDRESS:____________________________________________________________
 PART A – Please tick against Only One answer under each question
1. Will you render your services to patients who cannot afford your medical treatment?

Yes
No
May be
Depends upon the circumstances

2. What is your understanding of a doctor’s liability for medical negligence while treating a
patient free of cost?

No liability since the treatment has been rendered free of cost

Liability arises in cases of negligence
Not sure

3. When do you constitute a Board of doctors to discuss a medical case or mode of treatment?

When it is a matter of life and death of the patient concerned

When it is a complicated case
When it is beyond your expertise
When there is a difference of opinion

4. When do you ask the patient to get clinical tests done?

When the patient first visits you with his/her ailment

When you are unsure of your diagnosis
When the patient is in a critical stage
When the ailment relates to a problem of an internal organ
5. Do you think a doctor can be held liable for the content and language of a certificate of
discharge provided to a patient?

Yes
No
Depends upon the circumstances

6. A hospital has a policy that requires all medical treatments and pathological tests of the
patient have to be conducted in the hospital itself. As a doctor rendering service in the OPD what
is your response to a patient who has to undergo USG/CT scan knowing fully that the report of
the said test of the hospital have not always been accurate.

You ask the patient to get the tests done in the same hospital

You refer the patient to another pathological laboratory of good repute

which you can vouch for
You ask the patient to get tests done from a laboratory of his/her choice

Suggest the patient to seek a second opinion

7. The patient has to undergo an operation and you are aware that the hospital concerned does
not have all the modern equipments required for the said operation; but the operation can still be
done. What course of action would you choose?

You operate the patient in the same hospital

You operate the patient in another hospital that you are attached to which
has the requisite infrastructure
You ask the patient to consult another doctor of his or her choice

You refer the patient to another doctor who is attached to a hospital with
the requisite infrastructure for the operation
8. A patient is suffering from an ailment that could be treated in more than one way. After
explaining the options available to the patient, you suggest one line of treatment that you are
comfortable with; while the patient opts for another, one which you are unsure of to give the
desired result— What course of action would you choose?

Go ahead with the line of treatment that you are comfortable with

Treat the patient the way he desires irrespective of the desired result

Ask the patient to consult another doctor

9. One of your patients who was about to undergo an operation is being prepped for the
operation. Unfortunately the anesthetist does not turn up. What course of action would you
choose?

Administer the anesthesia yourself

Ask another doctor (or a paramedical staff) to administer the anesthesia

Postpone the operation to a later date or time

Operate without anesthesia

10. The duty of care of hospital/doctor starts/continues:

When the patient first visits the doctor for consultation

When pathological tests are first done

When the patient makes the payment for the treatment/tests/diagnosis

When the patient expressly consents

11. The duty of care of the hospital/doctor ends when:-

The doctor certifies that the patient is fit

The patient is fully cured

The patient is discharged from the hospital

The patient is not asked to return for any follow-up checkup

12. What is your understanding of standard of care?

Treating to successfully cure the patient

Standard of care of the best expert in the concerned field

Standard of care that a doctor of equal expertise and knowledge would

take
Standard of care that meets the satisfaction of the patient/family/relatives

13. Do you think the legal fraternity has extended a protective arm towards the medical
practitioners?

Not at all

Yes, in the consumer forums (district, state, national)

Yes, in the higher judiciary (Supreme Court, High Courts)

Fairly protective

Not as much as in other countries

14. In case of alleged medical negligence who in your opinion should be made party to the case?

The concerned doctor only

The concerned doctor and the hospital in which the patient was treated

The concerned doctor and paramedical staff working under him/her

The concerned hospital only

Depends on the circumstances

15. Should the duty of the doctor also extend to the maintaining of documents that reflect the
chosen mode of treatment and at times the reason why such treatment has been given?

Certainly yes

Depends on the request of the patient

Depends on the discretion of the concerned doctor

Depends on the policy of the concerned hospital staff

16. In your opinion does the social background of the patient aids in cooperative and meaningful
treatment procedure?

Always

Sometimes

Never really matters

PART B – Provide your Order of Preference in answers to the following
questions. For example: against your first choice write (i), against your second
choice write (ii), against your third (iii), so on and so forth.

17. Are side-effects taken into account while deciding the main mode of treatment for a
terminally ill-patient:

Yes, when the side-effects are comparable to the benefits of the treatment

Yes, when the side-effects have a remote chance of disabling the

patient/affecting another organ
No, when the effect on the patient is temporary

No, when the treatment is necessary to save the life of the patient

18. Which of the following in your opinion is the most appropriate case of medical mal-practice?

Failure to act as per the medical standards in treating a patient

Treating a patient but without any probe into his medical history

To take up the treatment of a patient in spite of lack of expertise of the

concerned doctor (or lack of medical facilities of the concerned hospital)
Delay in starting the treatment because of the inability of the patient to
afford the medical cost

19. What do you think should be the primary material that judges should look into while
deciding a case of medical negligence?

Expert opinion

Patient’s testimony
Books authored by reputed doctors/scholars or opinions of medical
councils.
Decided cases of forums and higher judiciary

Strict application of law to the facts of the case

20. What do you think has led to the increase in litigation against doctors?

Patient’s becoming more aware of their right

Increasing work pressure on doctors

Changing dimensions of diseases in modern times

Laxity on the part of doctors

PART C – Answer in 5-6 Sentences

1. When does the medical history of a patient become material for future treatment of the
patient?

2. How important is the stage of disease/ailment of the patient in deciding whether you
would treat the patient?
3. Are there any documents that you insist upon or maintain while treating patients?

4. Can a MBBS doctor practice surgery, obstetrics, gynaecology or different streams of

medicine (Ayurveda, Uniani, Siddha, Homeopthy etc)?

5. What is your understanding of liability in case of :

(a) telephonic advise:

(b) handing over your patient’s care to a colleague