Medical Negligence Held

ANESTHESIA: Hernia operation under general anesthesia. Anesthetist left theatre soon after extubation, patient died. Both the surgeon and anesthetist held equally liable for negligence.

ANESTHESIA: Following administration of anesthesia at 9 a.m, patient died at 9:40 am due to cardiac arrest. No proper monitoring, and why cardiac arrest occurred not explained. Negligence held.

UNQUALIFIED DOCTOR  : Eye surgeon not trained in anesthesia but acted as an anesthetist. The patient died during caesarian section. Eye-surgeon, surgeon and hospital held negligent.

ENT SURGEON : During tonsillectomy patient had cardiac arrest, causing cerebral hypoxia leading to loss of speech, eye-sight and paraplegia. Medical record of what happened during operation not produced, charge of negligence not rebutted. Surgeon and anesthetist both negligent.  

EMERGENCY CARE : Treatment to deceased injured, stopped midway on account of failure to deposit  the fee. Gross negligence and deficiency in service of the hospital. 

BOOLD TRANSFUSION :Transfusion of mismatched blood during surgery, causing post-op acute renal failure. Held it is negligence and compensation awarded.

OPTHALMOLOGIST           : Patient   lost eyesight following cataract surgery due to negligence of the doctor in conducting the operation.

EXPERT OPINION : The courts are not bound by the expert opinion with regards to the conduct of the doctors, i.e whether he/she was negligent or not.

CHEMIST : Sale of medicine other than prescribed. The chemist is liable to pay damages even if medicine was not consumed and no injury caused. 

DRUG OVERDOSE : Giving overdose of drug against warning of its manufacturer even after noticing the side effects, is deficiency in service.

DRUG REACTION : Giving test dose of penicillin to a known allergic despite objection, leading to anaphylactic shock and death. There is negligence.

BLOOD BANK : The complainant purchased blood, and suffered from viral hepatitis B after transfusion. The blood bank held liable. 

DIAGNOSTIC CENTRE : The three USG scan at different periods of pregnancy suggested no anomalies and limbs visualized. The centre held negligent for birth of deformed child.

SURGERY : The patient was diagnosed as a case of acute appendicitis but not operated for two days. He died due to perforated appendix. Surgeon found negligent.

LAPAROSCOPY : Death during laparoscopic tubectomy in Government hospital, the State was held vicariously liable.

CTVS : Failure to prompt treatment of postoperative sternal infection following coronary artery bypass surgery is deficiency.

ORTHOPEDICIAN : Leg amputation done following gangrene that developed due to improper treatment.

CARDIOLOGY : Death due to cardiorespiratory arrest during surgery. Patient was declared fit for operation without making adequate diagnosis of  cardiac disease.

RADIOLOGIST : Wrong report of stones in gall bladder lead to unwanted operation. Doctor negligent.

NURSE : Sponge left in abdominal cavity after caesarean operation. Nurse and hospital held liable.

PATHOLOGIST : Wrong histopathological report of  cancer causing mental agony and financial loss.

DENTIST: Slipping of needle into stomach during tooth extraction due to lack of due care and skill.

ANESTHESIA : Paralysis of lower limbs after hernia operation under spinal anesthesia. Surgeon and anesthetist not held negligent, as there was no expert evidence to establish that paraplegia was the result of anesthesia or operation.

CARDIOLOGY : Complain of infection and screw driver left behind after implantation of pacemaker. Expert evidence established no negligence because implantation infection is well know risk and the screw driver allegedly recovered from the body was not produced.

DENTIST : Headache and heavy bleeding after extraction of tooth. Complainant could not adduce evidence to establish the link between headache and extraction, and to prove his approach to the doctor for heavy bleeding.

HOSPITAL : The patient was transfused one unit of blood after hysterectomy. After discharge she was admitted to another    hospital. And tests revealed Hepatitis B infection. Hospital and doctor not held negligent as the patient failed to prove that she was Hepatitis B negative before surgery.

NURSE :  It is alleged that duty nurse gave injection without test dose, and as a result patient died in the post-operative period. Nurse not held negligent as the allegations not substantiated by cogent evidence.

SURGERY : Patient was diagnosed as having intestinal obstruction. During operation he died of myocardial infraction. Negligence could not be attributed to the doctor.

OPTHALMOLOGIST : The patient was operated for left eye glaucoma but it did not revive her eyesight. Complainant failed to adduce evidence to prove negligence. The refund of expense by the doctor does not establish deficiency in his service.  

PAEDIATRICIAN : A two month old baby admitted for treatment of diarrhoea. The baby expired. The National Commission dismissed the allegation of negligence on the ground that there is no evidence to establish the connection between death and treatment given.  

ORTHOPAEDICIAN : Allegation of disability due to defective operation for decompression of prolapsed disc. The surgeon was not held negligent because the allegation of negligence was not substantiated from evidence.

SURGERY : The patient was diagnosed and treated for "Epididymo-orchitis" while he was suffering from "Torsion Testis". The doctor not held negligent because in the absence of facility of "Isotop Scan", the had to rely on clinical features which are almost similar for both conditions.

MEDICAL EVIDENCE : In case the evidence of the witnesses for the prosecution is totally inconsistent with the medical evidence, unless reasonably explained, it is sufficient to discredit the entire case.

COMPLAINANT : Claim brought by the brother of deceased consumer. He can't be treated as legal heir overriding the widow and son who are not coming to file the complaint.

OBSTETRICS  : D & C procedure done for MTP, and patient died due to meningitis with cerebral vein thrombosis and brain edema. Expert evidence suggested MTP not the cause of meningitis. No Negligence.

GYNAECOLOGY : Perforation of intestine during laparoscopic removal of uterus was detected by the attending surgeon at 36 hours and all corrective measures and second operation done. Subsequently, patient dead. No negligence.

PHYSICIAN : Advice to minor girl on contraception without parent's consent. The bona fide exercise was not considered unlawful act with parental rights.