"4 days delay in taking remedial steps costed Rs. 12 lakhs to the Gynaec, Anesthetist and the Hospital "

"4 days delay in taking remedial steps proved to be harmful to the patient and it jointly costed Rs. 12 lakhs to the Gynaec, Anesthetist and the Hospital "

Case Details :

DR. SUTAPA DASGUPT & ANR, KOLKATA V/s. TAPAN KAR & ANR. REVISION PETITION NO. 315 OF 2016, decided on 18 May 2017

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F315%2F2016&dtofhearing=2017-05-18

Facts in short.
1.The wife of the Complainant i.e.Ms. Gopa Kar (patient) was admitted for delivery of baby by C-Section at Zenith Super Specialty Hospital on 15th December, 2010.
2.On the same day she was administered anesthesia by the Petitioner No.1 Doctor in her spinal cord and thereafter caesarean section surgery was conducted and she delivered a male child.
3. But soon after  regaining consciousness after delivery the patient  had complaint that her lower limbs were paralyzed and there was no sensation before or at the time of passing urine and stool.
4. The  MRI was conducted on  18th December, 2010 and she was treated for 2 months in the same Hospital, and thereafter she was refereed to Bangur Institute of Neurosciences for removal of clotted blood. The patient had to take physiotherapy by spending Rs.6000/- per month. Hence the compliant,
5. The Doctors refuted all the contentions.  It was stated that the Doctors also rightly administered anesthesia in the spinal cord of the patient.

Held :
1. The National Commission dismissed the Revision Petition filed by the Doctors and upheld the order of District Forum.
2.It observed that the administration of anesthesia in the lumber region is a blind process in which possibility of injury to blood vessel resulting in hemorrhage cannot be ruled out.
3.As per the medical protocol, the  hospital and its doctors on receiving the MRI, as MRI confirmed the evidence of epidural and subdural hemorrhagic collections anterior to the spinal cord, were required to take immediate remedial steps like surgical decompression of the cord. The delay of 4 days proved fatal and aggravated the treatment of patient  which obviously is a case of grave negligence.

The Doctors and the Hospital were jointly held liable and responsible for paying the Compensation. In general, in other professions, delay may be compensated in monetary  terms, but in Medical field, the loss to the patient because of delayed treatment can never be compensated in monetary terms. I feel as far as this case is concerned, Medical experts can only throw proper light on the facts..

Thanks and Regards

Adv. Rohit Erande
Pune.©

Comments

Post a Comment

Popular posts from this blog

A Physician is free to decide whom he/she will serve, except in case of Emergency – Court rejects 2.5 Crore petition against Doctor & Hospital

A Physician is free to decide whom he/she will serve, except in case of Emergency –  Court rejects 2.5 Crore petition against Doctor & Hospital “Its in the interest of Patients that Doctors. should not be dragged to the Court unnecessarily”” – National Commission observed while dismissing the Compliant for damages of Rs.2.5 Crores as it prevents Doctors from discharging their duty to a suffering person who needs their assistance utmost. A Physician is free to decide whom he will serve, save in case of Emergency –  Court rejects 2.5 Crore petition against Doctor & Hospital Case : SUMAN TANEJA V/s. METRO HOSPITAL & HEART INSTITUTE & 3 ORS, decided on 02/02/2016. Factual Matrix in nutshell : 1. The Complainant, widow of deceased patient claimed damages to the tune of Rs. Two & half Crores on the ground that her husband who was diagnosed as Inferior Wall Myocardial Infarction (IWMI).did not receive the emergency treatment in Golden Hours.The Doctor ...
Read more

A "Supreme Judgment" with manifold reliefs to Doctors and Hospital : Perhaps the year end gift for Doctors.-Adv. ROHiT ERANDE.©

 The "Supreme Judgment" with manifold reliefs to Doctors and Hospital : Perhaps the year end gift for Doctors.  Adv. ROHiT ERANDE.© a. Non availability of Operation Theatre is not a valid ground to hold Hospital Negligent : b. Non functioning of Machines and Equipments cannot be said to be Negligence. c. It is an incorrect assumption to say that, "since surgery was performed by a doctor, he alone would be responsible for different aspects of the treatment required and given to the patient". d. It is too much to expect from a doctor to remain on the bed side of the patient throughout his stay in the hospital. e. Every death of a patient cannot on the face of it be considered to be medical negligence. f.  In spite of the treatment, if the patient had not survived, the doctors cannot be blamed as even the doctors with the best of their abilities cannot prevent the inevitable g. The doctor cannot be held liable for medical negligence by applying the doctrine of  res ips...
Read more

"MD Medicine Dr. fined Rs.41 lakh for doing pleural tapping test without Sonography, that too in Causality section

"MD Medicine Dr. fined Rs.41 lakh for doing pleural tapping test without Sonography, that too in Causality section " The Maharashtra State Consumer Disputes Redressal Commission, (MSCDRC) in its recent judgment dated 31/03/2017, gave the verdict against the Doctor, but absolved the Hospital.. Case details - Mr.Prashant Tamhane V/s. P.D. hinduja Hospital and anr. CC No.221 of 2003. http://cms.nic.in/ncdrcusersWeb/GetPdf.do… Facts in short : 1. This is the case of 2002. The wife (since deceased) of the Complainant was admitted in the Hospital after the blood reports revealed symptoms of hepatitis. There she was examined by Dr.Ashit Hegde, the Opponent no.2 Doctor in the present case. At that time he after examining the patient he thought it fit for not admitting the patient. By taking medication she was improving. 2.However after about one month, she had Chest pain and difficulty in breathing. Initial X-ray was normal, but in later X-ray, she was diagno...
Read more