Medico legal Case #8 - Request / Insistence by patient - No substitute for a doctor's professional advice
Facts of the case
The patient who wanted to conceive for the 2nd time underwent the Fallopian Tube Test (FTT) and the same was performed by the gynecologist and the anesthetist at the hospital under general anesthesia. About half an hour after the procedure was complete, the patient was still on the operation table, and and she suffered a cardiac arrest. The patient was shifted to another hospital where she was diagnosed as 'postoperative, post resuscitation state with Hypoxic encephalopathy'. About a month thereafter, the patient was shifted to yet another hospital. The patient was in a permanent vegetative stage when this complaint was filed.
Patient's allegation/s of medical negligence
It was alleged that the patient suffered brain damage due to hypoxia, that is, inadequate supply of oxygen to the brain during the procedure. It was pointed out that -
- The other hospital where the patient was transferred had certified that the patient was brought after she had suffered hypoxic encephalopathy
- The discharge summary given by the hospital clearly recorded that the patient had bradycardia before cardiac arrest and this bradycardia was secondary to hypoxia
- Medical experts who deposed in the court also confirmed that cardiac arrest was due to hypoxia
- It was alleged that the patient was not anesthetized for the entire duration of the test as the medicine (330 mg pentothal and 0.6 mg atropine) given for this purpose would have had effect for only five to eight minutes, while the procedure took about 25 minutes...
Know more about the doctor's defense and why the court deemed the doctor negligent in this case - http://mlcd.in/article.asp?issn=0974-1232;year=2013;volume=6;issue=7;spage=95;epage=96;aulast=