#LegallySpeaking: C/o Death of a Patient Post Liver Transpla
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• Tip:

~ The human body is a complex machine & a doctor wouldn't assure full recovery of a patient in every case.

• Background of the case:

~ The patient was taken to the hospital for jaundice treatment where after investigations, a liver transplant was advised.

~ During the operation the patient suffered from significant blood loss and metabolic acidosis and for this, the patient was kept in the ICU and the condition deteriorated.

~ A 2nd surgery was performed and within 7 days, fungal sepsis was suspected for which Amphotericin was given which ultimately worsened the condition of the patient.

~ Due to fungal infection there was blackening of the surgical wound which led to gangrene and the death of the patient.

• Complainant's allegation:

~ The complainant alleged that the treating doctor and hospital failed to exercise proper care during the surgery and monitor the condition of the patient after the surgery.

~ The doctor delayed the second operation by two days unnecessarily resulting in the worsening condition of the patient, the petitioner alleged.

• Doctor's Defense:

~ The hospital and doctor denied the charges made against them and submitted that the patient was diagnosed with Chronic Liver Cancer and was treated at a different hospital.

~ The operation was done on the patient only after explaining the critical condition of the patient and obtaining the high-risk consent.

~ The treating doctor denied that the operation site was bleeding and simply the blood clots from the patient's abdomen were removed during 2nd operation.

~ The patient expired because of the natural consequences of the chronicity of the disease, it was neither due to any negligence nor deficiency from the treating doctors.

• The Commission held that:

~ The Commission took note that due care was given to the patient during the pre-transplantation period and proper monitoring had been done after the operation.

~ A doctor or surgeon cannot assure and does not guarantee that the result of surgery would invariably be beneficial, much less to the extent of 100 % for the person operated on.

~Complainant failed to conclusively establish deficiency in service and medical negligence on the treating doctor and the hospital.

Source:
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI
Dr. T●●●●z H●●●●●●i and 5 others like this
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