~ Doctor should be imperative of reasonable degree of skill and knowledge and must exercise a reasonable degree of care.
• Background of the case:
~ The complainant took his wife to the Hospital 1 after she was diagnosed with a stone in the L kidney and the Urologist performed Percutaneous Nephrolithotomy (PCNL) on her.
~ After discharge from the hospital the patient suffered from the cessation of urine, swelling of the face and the condition worsened as she developed loose motions, fever, and vomiting.
~ The doctors revealed that the patient was suffering from Fungal septicemia and multi-organ failure and soon she was taken to Hospital 2 for further management.
~ Unfortunately the patient died due to a fungal infection.
• Complainant's allegation:
~ The patient was discharged from the Hospital 1 on the next day after her surgery even when her condition was not normal.
~ The Complainant alleged that the treating doctor at Hospital 2 diagnosed it as an instrument-induced infection leading to Hemolytic uremic syndrome (HUS).
• Doctor's Defense:
~ The doctors and the hospital denied all these allegations and refused to accept that the patient developed septicemia due to instruments, adding that it might have developed at Hospital 2 itself.
• The Commission held that:
~ As soon as the treating hospital had suspected Hemolytic uremic syndrome (HUS) they had referred the patient to the Hospital 2 without any delay.
~ During the ongoing recovery process at the Hospital 2, the patient was discharged on request and was re-admitted at the first hospital, where during treatment she finally died.
~ The Commission didn't find any medical negligence on the part of the urologist or any deviation from the standard of treatment and dismissed the case.
National Consumer Disputes Redressal Commission, New Delhi