#LegallySpeaking: Case of Misplacement of Screw During Spina
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• Tip:

~ Skills/ mode of treatment differs with every doctor, negligence cannot be attributed if he performs his duty with competence.

• Background of the case:

~ The patient was suffering from congenital spinal deformity and for treatment, they consulted in AIIMS and she was advised urgent surgery.

~ After surgery it was noticed that one screw penetrated the vertebral canal and caused Grade – III perforation in the spinal cord.

~ The spinal cord was severely damaged and unfortunately she became paralyzed for the rest of her life, with loss of bowel and urinary control.

• Complainant's allegation:

~ It was alleged that the C-arm was not used during the operation and the first surgery was conducted by an orthopedic surgeon and not a neurologist.

~ The second operation was conducted and she remained in ICU for 10 days, but there was no recovery in movements of the lower part of the body.

~ Due to alleged negligence from the doctor during both the operations, the patient became paralyzed for the rest of her life.

• Doctor's Defense:

~ The doctor denied all the allegations and submitted that they acted immediately once the accidental misplacement of the screw was detected.

~ It was further submitted that the treating doctor was an Orthopaedic-spine surgeon with rich experience in spinal deformity correction.

~ The patient's father is a doctor by profession and he was fully aware and understood the risks and complications involved in spinal surgery and had signed the consent.

• The Commission held that:

~ The bench noticed that there are two C arm machines and both the machines were functional so the allegation of surgeries without the help of the C-arm was dismissed.

~ The second procedure was carried out without loss of much time in presence of a Neurosurgeon and operatively no Dural injury was found.

~ The commission dismissed the case of medical negligence against the doctor and his team, who have performed the spinal deformity surgery with a reasonable duty of care.

Source:
National Consumer Disputes Redressal Commission
New Delhi
Dr. S●●●●●●A R●Y and 11 others like this1 share
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