Careless patients – Doctors’ headache

The patient, a known diabetic and hypertensive person, visited nephrologist Dr. Bhattacharya with renal problems sometime in March 2010. The doctor prescribed medicines and advised regular follow up visits to monitor the progress. However, the patient visited the doctor in February 2012 – after a gap of two years!

Dr. Bhattacharya prescribed medicines and gave clear instructions for regular follow ups at least for the next two months. It seemed the patient was not just non-cooperative but careless as well. She visited the doctor after a gap of seven months as she had severe swelling all over her body.

A CT scan of her lower abdomen was performed which reported a large cyst in the left ovary, although her kidney function had not deteriorated. The doctor advised immediate surgery to remove the cyst, but again, the patient did not heed to the advice.

She approached the hospital where the doctor was a visiting consultant in March 2015 for the removal of cyst. Three months later, the patient died!

The patient’s family sued Dr. Bhattacharya and strangely accused him for the death of their loved one.

The Commission perused medical records and observed that patient had renal problems due to prolonged history of diabetes. Dr. Bhattacharya adopted right line of treatment and prescribed correct medicines, but the patient was non-cooperative, further observed the Commission.

Finally the Commission stated that: “We can expect that compliance of doctor’s advice might prevent rapid deterioration or damage to patient’s kidney leading to haemodialysis which could have been deferred for a few years, but non-compliance on part of the patient can be termed as contributory negligence for the damage caused and for early death for which a medical practitioner should not be blamed”.

The case against Dr. Bhattacharya was quashed and he was declared not negligent.