Medico legal Case #7 - 'Eggshell skull doctrine' applicable in India - Doctors will be liable even if the patient suffers unusually due to a pre-existing medical condition
Facts of the case
The patient, aged 69 years, was suffering from UTI and therefore consulted the doctor. After performing necessary investigations, the doctor prescribed injection Amikacin for 21 days. The patient's condition deteriorated. She was admitted to PGI Chandigarh for 10 days, where she underwent dialysis. The patient became absolutely deaf and one of her kidneys was also affected.
Patient's allegation/s of medical negligence
- It was alleged that the patient lost her hearing power, her kidney got severally affected, and she had to be admitted to PGI Chandigarh for dialysis due to overdose of Amikacin prescribed by the doctor
- It was alleged that after 2-3 days of taking Amikacin, the patient noticed that she was losing hearing power and she informed the doctor about the same but the doctor told the patient to continue the injection for another 14 days
- It was pointed that the patient had consulted two other doctors, an ENT surgeon and a nephrologist, who opined that due to overdose of Amikacin, she had become absolutely deaf and her kidney was also severely affected
Know more about the doctor's defense, the Court's Ruling and the suggested precautions here - http://mlcd.in/article.asp?issn=0974-1232;year=2015;volume=8;issue=7;spage=99;epage=101;aulast=