The malaise of cancer itself is enough to destroy life of patients and their family. Doctors ‘missing’ to report this deadly disease, in this day and age, is perhaps the worst insult to an incurable injury that there could ever be. Unfortunately, its exactly what happened in this case.
The patient experienced severe abdominal pain. She was taken to the hospital, diagnosed with gastritis. The surgeon performed laparoscopic cholecystectomy, but the procedure did not bear fruitful result. The excruciating pain continued despite follow up visits and change in medications.
CT scan of the whole abdomen was performed. The scan reported herniated omentum. The surgeon advised yet another surgery for hernia, but the patient and her husband had lost faith in the doctor.
Surgery to repair umbilical hernia was performed at another hospital. Thankfully, the intra-operative and post-operative periods were uneventful. The surgeon at this second hospital requested complete treatment and surgery records from the first hospital.
Unknown to the patient or her husband, the gall bladder was sent for biopsy after first surgery, and it reported initial stage cancer! This discovery came as a rude shock.
The first hospital and the surgeon were sued. It was alleged that fact about sending gall bladder for biopsy, and its report, was not informed to the patient. As a result of this delay, cancer had advanced and threatened patient’s life.
The surgeon and hospital tried their best to present their case in a positive light, but did little to impress the Commission, as it made following observations:
“A perusal of record shows that the gall bladder surgery was conducted by the doctor and thereafter, he referred the gall bladder for biopsy. It is clear from the biopsy report that patient was suffering from gall bladder adenocarcinoma. The patient visited the doctor twice for follow up, but he failed to take note of this biopsy report and also failed to give this report to the patient or her attendants. Therefore, the doctor was negligent in providing his services to the patient in the present case”.
No doctor would deliberately hide or misrepresent medical facts. Missing to inform, however, is a rare possibility, and the surgeon in this case paid a hefty compensation for this mistake.
Source : Order pronounced by Delhi State Consumer Disputes Redressal Commission on 13th March, 2023.