Case Study
By Mohit Popli, Advocate
Email us: adv.mohitpopli@gmail.com
For more info:
TREATMENT
NOT GIVEN BY THE APPROPRAITE EXPERT DOCTOR AMOUNTS TO MEDICAL NEGLIGENCE
NCDRC First Appeal No. 114 of 2009
Decided On: 10.05.2013
Breif Facts:
After conducting
necessary tests informed the Patient that there was a stone in his gall bladder
and advised to him to take admission in Institute for gall bladder. He was
admitted there on 20.04.2001 and was advised to undergo laparoscopic operation
which was fixed for 25.05.2001. On that date inside the operation theater Patient
noted that an Anesthetist under the guidance of the surgeon roughly tried to force an apparatus resembling a
cylindrical pipe down his throat unsuccessfully several times. Patient
experienced excruciating pain and in fact after a couple of attempts blood
spurted out. But despite this, attempts to force the pipe down his throat
continued. Sometime later the Patient was wheeled out of the operation theater
without being operated. The area of his
throat which had been ravaged and badly injured was merely patched up. Patient's
family was subsequently told that a difficulty was faced in the area of the
throat because of a tumor and, therefore, the operation could not be conducted.
On the next day on
the advice of an ENT specialist a CT was conducted which confirmed serious
damage inside the throat with formation of several air pockets. After
seeing the CT scan, Dr. discharged the Patient from hospital stating
that no further treatment was possible.
After discharge from
the Institute, the patient admitted to Calcutta Medical Research Institute
wherein the patient undergone an operation and subsequently was discharged on
7th July, 2001 therefrom. Inspite of that, the patient could not recover fully
and faced difficulty in breathing. Under such circumstances, the patient
filed a complaint before the West Bengal State Consumer Disputes Redressal
Commission, Kolkata on the grounds of medical negligence and deficiency in
service. Seeking direction upon the appellants to reimburse Rs. 1,06,612/-
alongwith interest towards medical expenses and Rs. 10,00,000/- as damages for
severe trauma and mental agony when after hearing both the parties the State
Commission directed the appellants to pay jointly or severally Rs. 77,023/-
towards expenditure upto 30th May, 2001; Rs. 70,000/- as damages and Rs.
10,000/- as litigation cost. Being aggrieved, the appellants preferred the
instant first appeal.
Findings:
·
The previous treating hospital did get
the Patient examined by an ENT specialist, thereafter
once the problem was diagnosed he was not treated for the same but discharged.
·
It was under these circumstances that Patient
had to seek treatment for his problem at the Calcutta Medical Research
Institute from Dr. Milon Kumar Chakraborty. Thereafter the Patient had
developed a life threatening condition because of the pharyngeal tear close to
larynx and multiple air filled cavity in previous hospital and that even after
his treatment at Calcutta Medical Research Institute, some problems continued.
·
It was held that the due and
reasonable care was not taken by the previous hospital in the treatment of the Patient
while incubating the cylindrical pipe in connection with the anesthesia.
Held:
It has been held by
the NCDRC “that in all cases of surgeries
some risks are there and any unforeseen event that may crop up during surgery
should be accepted with a smile do not hold much water in the present age. When
there is no denial of the fact that intubation
failed after several unsuccessful attempts which in its turn rendered the
gall stone operation for which the complainant got himself admitted but the
operation was abandoned, it was not proper on the part of the previous treating
hospital to avoid the responsibility by putting up some pleas which are not at
all acceptable.”
“In view of the above
facts, it has been held that the hospital and doctors did not exercise the
reasonable degree of care and caution in the treatment of the Patient which
amounts to medical negligence and deficiency in service”.
