#LegallySpeaking: Case Of Malposition Of Tibial Component
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• Tip:

~ The mere occurrence of some types of accident is sufficient to imply negligence.

• Background of the case:

~ The patient was suffering from a knee problem so she consulted specialist 1 who advised her for knee replacement for which she got admitted and the surgery was done.

~ As the patient was not feeling well, she again visited specialist 1 and also tried to contact the treating hospital to no avail.

~ She then consulted specialist 2 with a complaint of pain who told her that the replacement of her left knee was not proper in an angle which was resulted in the tilted shape of the left leg.

~ Following this, she consulted specialist 3 who told her that her left knee would have to be replaced again, she underwent successful surgery, felt relief, and began to walk again.

• Complainant's allegation:

~ The complainant alleged that due to negligence, specialist 1 had not properly fixed the knee in the bones and they were badly damaged.

~ The complainant had to undergo another knee transplant costing around Rs 5,70,000 along with Rs 2 lakh- the expense to travel to Delhi along with the attendant.

• Doctor's Defense:

~ The treating doctor and hospital denied all the allegations and submitted that the consent of the complainant was taken for the specialized procedure which was duly signed by her son.

~ Proper care of the patient was taken and that the patient was discharged in walking condition, also focusing on the vast experience and success rate of the treating doctor.

• The Commission held that:

~ The Commission opined that the complainant had to consult a second doctor because the knee replacement by the treating doctor was not successful.

~ Affidavit by specialist 2 mentioned that the complainant's knee tibial component was malpositioned due to which she was having pain and problems in walking.

~ Holding the Ortho Specialist and hospital liable for malposition of the tibial component of knees after surgery, the Commission, has directed them to pay a refund of the amount spent by the patient for the medical procedure at the treating hospital.

Source:
Distt Consumer Disputes Redressal Commission Jalandhar
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