#LegallySpeaking: Case of Cut In Intestine During Ectopic Pr
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• Tip:

~ Bonafide mistake under certain circumstances may be excusable, but an identical mistake to negligence cannot be pardoned.

• Background of the case:

~ A 26-year old woman approached a doctor in Hospital 1 following severe stomach pain and was diagnosed with ectopic pregnancy, surgery was advised.

~ Surgery was done but the patient continued suffering severe stomach pain for which medicines were prescribed but the condition didn't improve.

~ They visited Hospital 2 where she was operated again and was informed that she suffered a cut in her intestine during the previous surgery at the first hospital.

• Complainant's allegation:

~ The Complainant alleged that Hospital 1 did not inform her about the cut in her intestine.

~ They approached the Consumer Court seeking compensation of Rs 25 lakh from the treating doctor and hospital for medical negligence.

• Doctor's Defense:

~ The hospital and the doctor denied all the allegations and told that the discharge summary from hospital 2 nowhere mentioned that the perforation happened due to the previous surgery.

~ They also pointed out that enteric fever may have caused these multiple perforations.

~ The patient didn't complain of any problem during her discharge from Hospital 1 and even took leave against medical advice (LAMA).

• The Commission held that:

~ The commission noted that the treating doctor failed to use indicated tests to identify abdominal pain.

~ There appear to be apparent investigation errors, such as required lab. tests and diagnostic images were not done.

~ The patient opted for LAMA as the treating doctor and hospital failed to appropriately conduct diagnostic testing and monitoring and refer the patient in time.

~ The Commission directed the doctor and hospital to pay a lump sum of Rs 10 lakh as compensation to the patient and it held them guilty of deficiency in service and medical negligence.

Dr. T●●●●z H●●●●●●i and 2 other likes this4 shares
Dr. V●●●●●●j D●●●i
Dr. V●●●●●●j D●●●i Legal Medicine
To the affected doctors : you may send me your case details, along with the evidence in the case and order, if you so wish. If you had not been grossly negligent, don' t worry. I will accordingly inform you what to do.
Apr 27, 2021Like