The patient experienced severe pain in abdomen and hence, visited the hospital where doctors performed tests that reported malignant mesenteric mass. While performing the surgery, doctors discovered that the mass was very large, solid, and highly vascular extending up to liver and other vital organs. Continuing with the surgery was not in patient’s interest, hence it was abandoned.
The doctors excised sample from the mass and sent it for histopathological examination (HPE). The patient subsequently developed complications – he was diagnosed HBsAg positive and received treatment at the hospital. He was eventually discharged after some days, but unfortunately died after couple of months.
His family blamed the hospital and doctors for untimely demise of their loved one and made pointed allegations:
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Doctors performed surgery without performing prothrombin time (PT) test which led to loss of blood
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Neither informed consent was taken nor risks and benefits of surgery were explained
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Patient’s medical records were not provided within seventy two hours
The Commission carefully perused medical records and treatment history, and observed that HPE confirmed advanced stage cancer. It was further observed that the doctors’ decision to abandon surgery was in patient’s best interest as the mass was adherent to vital organs.
The hospital, on the other hand, erred on two crucial counts. Holding them negligent, the Commission stated the following:
“All columns in the consent form were left blank which shows that informed consent of patient / relatives was not taken. Furthermore, the hospital has not provided medical case papers to the relatives within seventy two hours as per extent rules and shown deficiency in service”.
For these easily avoidable lapses, hospital was held negligent and ordered to pay compensation.
Source: Order pronounced by Gujarat State Consumer Disputes Redressal Commission on 12th July, 2021