The National Consumer Disputes Redressal Commission (NCDRC) found a surgeon liable for medical negligence as he had operated on the wrong foot of a patient. The Supreme Court upheld the verdict of NCRDC.
The orthopedic surgeon who worked at Fortis Hospital in filed a plea before the Supreme Court challenging the NCDRC ruling.
The medical profession is a noble profession dealing with human life, which is given the highest importance among all things on earth. The medical practitioner's utmost responsibility is to ensure the patient's safety while treating them. However, it should also be noted it is natural for human beings to make mistakes, and doctors are no exception.
Some common examples of medical negligence are:
Misdiagnosis
Improper or wrong medication
Anesthesia Administration.
Surgical skills
In 2016, a patient slipped from stairs and sustained injuries he received treatment in Fortis Hospital, Shalimar Park, Delhi, where the treating doctor after conducting X-rays informed that the patient had fractured his right foot. The patient was also asked to get a CT scan of his right foot, and an X-ray of the left foot and spine. He was asked to undertake physiotherapy.
According to the patient, although he had a hairline fracture in his spine yet, spinal anesthesia was administered before the surgery, and he was operated on the left foot instead of the right foot.
The disciplinary committee considered the doctor's reasons for conducting the surgery on the left foot and pointed out that no written consent was obtained for the change of plan of surgery on the left side. Further, the DMC committee also noticed attempts to tamper with records.
The disciplinary committee pointed out that no written consent was obtained for the change of plan. Further, the DMC committee also noticed attempts to tamper with records.
DMC had recommended removing the names of the two treating doctors from the state medical register for 180 days. The Medical Council of India MCI had exonerated one doctor as he was not present in the operation theatre when the surgery was performed. However, MCI had sought to punish another doctor, Dr Kakran who had filed this plea before the Supreme Court. Considering the matter the apex consumer court back in June 2024 asserted the patient be paid 1.10 crores as compensation. Fortis was asked to pay ninety lakhs and the two treating doctors ten lakh each.
Challenging the NCDRC order, the surgeon, in his plea before the Supreme Court, claimed that the patient also had an injury in the left leg for which he was advised surgery. Oral consent for the surgery was given to him, the doctor claimed.
The NCDRC bench found gross medical negligence after noting all investigations were done for the right leg and consent for surgery was also for the right leg.
The complainant ran for his life and escaped from the clutches of the hospital. He was bogged into the mess created by the opposite parties who performed surgery on his left leg when the planned one was to treat the fracture of the right leg.
(Input from various sources)
(Rehash/Dr Swati Sharma/MSM)
