Post-operative complications as an outcome are accepted by the courts in cases of medical negligence. But not managing such complications is seen as negligence.
Kamal Kumar visited Desun Hospital & Heart Institute with complain of chest pain. The doctor at the hospital performed Coronary Artery Bypass Grafting (CABG). Chest pain persisted even after the surgery and he visited another hospital where he was diagnosed with Inferior Wall Myocardial Infraction Complete Heart Block with Left Ventricular Failure.
Percutaneous Transluminal Coronary Angioplasty (PTCA) under cover of temporary Pacemaker was performed at the other hospital.
The patient knew that Desun Hospital & Heart Institute had erred as he approached the West Bengal Disputes Redressal Commission. It was alleged that heart block and the need for PTCA after CABG proved negligence on part of the doctor and the hospital.
While accepting the patient’s allegation that onset of heart block immediately within a month after CABG proved deficiency on part of the doctor and hospital, the Commission observed that the post-operative complication was not at all managed, and that amounts to negligence.
Desun Hospital & Heart Institute and the doctor were ordered to pay a compensation of rupees fifteen lakh for their negligence in managing the post-operative complication.
Source: Order pronounced by West Bengal Disputes Redressal Commission, New Delhi on 28th November, 2018.