~ A doctor is not liable for every injury suffered by a patient except those that are a consequence of a breach of his duty.
• Background of the case:
~ The patient was suffering from stomach pain visited the hospital and advised for a USG examination which revealed enlargement of the appendix.
~ The doctors informed that due to the presence of a blood clot, conducting open surgery was necessary in spite of recommending microsurgery.
~ After the completion of the operation, the doctor showed the appendix and the ovary to the patient's family and informed them that removing the ovary was necessary as it had been burst.
• Complainant's allegation:
~ The petitioner has further claimed that she had no gynecological problems prior to the operation and the U.S.G report didn't mention any such thing.
~ She claimed that her ovary had been ruptured during the course of operation because of negligence on the part of the doctor.
~ Informing the Forum that she had planned for a second baby, she pointed towards the alleged medical negligence
• Doctor's Defense:
~ The doctor denied the allegations and mentioned that she was taken up for surgery under general anesthesia as per standard approach.
~ On placing the camera inside the abdomen, dark color blood was found at the right paracolic gutter and at the right side of the pelvic cavity.
~ The right ovary of the patient had been ruptured and probably the pre-existing cysts within the right ovary had been ruptured with fresh active bleed from the ruptured margin.
~ He contacted other senior gynecologists and they advised him to try to repair the right ovary and in case the repair would not be possible, they suggested for right Oophorectomy.
• The Commission held that:
~ The court examined the pending documents provided by the on-duty Anaesthesist of the case and two Gynecologists.
~ They mentioned that a highly skilled professional may be possessed of better qualities, but that cannot be made the basis for judging the performance of the professional proceeded against on indictment of negligence.
~ It was mentioned that the treating doctor tried his best to treat the patient after getting consent from the patient's family and following a discussion with the gynecologists.
~ Finding no solid evidence that would point towards the medical negligence on the part of the doctor, the commission, dismissed the allegations by a patient against a surgeon.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, HOOGHLY