TREATMENT NOT GIVEN BY THE APPROPRAITE EXPERT DOCTOR AMOUNTS TO MEDICAL NEGLIGENCE

                                                             

     

Case Study

By Mohit Popli, Advocate

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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”.