A man underwent a routine biopsy to diagnose an infection in his spine. Within hours, he developed foot drop—a condition that left him unable to lift his right foot, walk stably, or move without support. What was meant to be a diagnostic step became a permanent disability. The State Consumer Commission called it out as medical negligence.
The hospital argued that nerve injury during biopsy is a known complication, and that the procedure was performed in a standard manner. But the Commission wasn’t persuaded. It noted that biopsy is a diagnostic—not curative—procedure, and generally considered safe. If complications were known, the doctors were expected to take precautions to avoid nerve damage. No such precautions were documented. No medical literature was submitted to support the hospital’s defence. And no informed consent was placed on record.
The court observed that the patient was told the biopsy was routine. Yet after the procedure, he was kept on antibiotics for weeks, underwent nerve block injections, and was eventually told the damage was irreversible. The Commission applied the doctrine of res ipsa loquitur—the injury spoke for itself.
The verdict: compensation for physical and mental agony, litigation costs, and a clear finding of medical negligence. But the case leaves behind more than a legal outcome—it raises a clinical question. If a diagnostic procedure can cause permanent disability, what safeguards must be in place? And when those safeguards fail, who bears the burden?
In medicine, routine must never mean casual. Every procedure—no matter how minor—demands diligence, disclosure, and accountability. This case reminds us that safety is not just a claim. It must be a practice.
Source : Order pronounced by Delhi State Consumer Disputes Redressal Commission on 24th February, 2025.