Citing acceptable medical literature bolsters hospital’s case

  • Posted on: May 07, 2018

Citing from relevant, current and accepted medical literature can help healthcare providers when facing a case of medical negligence. This story is an example of the fact.

A patient had approached State Consumer Disputes Redressal Commission, Rajasthan alleging that the hospital where she had undergone a surgery to remove stones from the gall bladder should have also diagnosed presence of stone in CBD. Her contention was that after the first surgery, she went through another surgery for removal of stone from CBD.

The hospital in its defence stated that when the patient visited for a follow up an ultrasound was performed but it did not report any stones in CBD. Citing medical literature, it was further stated that the size of the stone removed after the second surgery was 8 mm and the same cannot be conclusively reported by ultrasound.

After perusal of medical records and medical literature, the Commission accepted hospital’s defence and stated that if the stone is below 9 mm no further investigation for stone in CBD is needed and a four to six weeks observation period is allowed as stonemay pass away from CBD.

Hence, the hospital was not under obligation to perform CBD for same and was not negligent, ruled the Commission.

Source: Order pronounced by State Consumer Disputes Redressal Commission, Rajasthan on 10th April, 2018