Post-operative complications are an inherent part of almost every surgical intervention. Doctors / hospitals are not held liable for it as long as they have explained risks and benefits to the patient and taken an informed consent.
The patient underwent C-section and delivered a healthy girl but developed acute respiratory distress syndrome (ARDS) soon thereafter. After eighty nine days of treatment, the patient eventually recovered.
Evidently, the husband was unhappy. He sued the hospital and blamed its doctors for unfortunate turn of events. It was alleged that the hospital authorities refused to consult pulmonary and cardiac specialists despite his wife’s feeble condition. ‘What did the doctors do for ninety long days’ asked the upset husband.
Treat the patient to the best of their skills and as per accepted protocol, was Commission’s response and observation to the irate husband.
The Commission observed that patient developed ARDS immediately after delivering the child and her condition was promptly dealt with a team of specialists at the operation theatre itself. Though the patient was ventilated for a period of eighty nine days, the doctors diligently delivered patient care and changed line of treatment as per her condition, further observed the Commission.
The Commission dismissed husband’s case by observing that “patient’s family cannot take advantage of the fact that she was kept on ventilator for eight nine days to attribute negligence on part of hospital or its doctors”.
Source: Order pronounced by National Consumer Disputes Redressal Commission on 13th May, 2022.