A rising number of doctors and hospitals are facing the heat of medical negligence. While many cases of such alleged negligence are false and unfounded, quite a few of them are occurring due to lack of proper care and practice by healthcare providers. This is one such example.
Mr. Biswas was taken to Dr. Ghosh with complain of badly damaged hip joint. Dr. Ghosh performed an operation to implant a steel plate. The patient was discharged in a few days but soon developed unbearable pain in the operated leg. An x-ray was taken which reported three iron screws attached to the hip bone with no plate inside.
The patient was taken to a hospital where another operation was performed. But the patient died few days after the second procedure.
This matter reached State Consumer Disputes Redressal Commission, West Bengal where the patient’s family alleged that Dr. Ghosh implanted screws instead of plate for which the patient suffered a lot. Although this was not the cause of his death, he continued to be in pain even in his last days.
Dr. Ghosh stated that every procedure has inherent risks and outcome of such risks cannot be contributed to medical negligence. What’s more, the doctor further stated, is that there is no expert opinion presented to prove allegation.
The Commission, at the outset observed that expert opinion was not needed in cases where medical negligence was apparent. From medical records of the hospital where patient underwent second operation, the Commission observed that Dr. Ghosh had performed an ill planned and unethical operation for comminuted intertrochanteric and some ill directed cortical screws were lying in different direction.
This was evidence enough to prove negligence, observed the Commission and ordered Dr. Ghosh to pay seven and half lakh rupees as compensation.
Source: Order pronounced by State Consumer Disputes Redressal Commission, West Bengal on 17th August, 2018