A 36-year-old man presented with pain and swelling in his left knee. Bloodwork was unremarkable. X-ray didn’t help. An MRI suggested two possibilities: osteomyelitis or neoplasm. A radioisotope bone scan was ordered next.
But before a clear diagnosis emerged, the patient’s condition worsened. He returned from the scan breathless and in pain. DVT was suspected and treated. A few hours later, he went into cardiac arrest. He died shortly after.
His family blamed the doctors. They alleged DVT signs were missed early. That proper anticoagulation wasn’t administered. That the cause of death was being hidden. They sought over ?5 crore in damages.
The court dismissed the claim.
Why?
Because the patient's clinical picture was complex. Investigations had ruled out classic DVT signs: no whole-leg swelling, no Doppler indications, and a clean ECHO. The physicians suspected infective arthritis — which postmortem reports confirmed. Septicemia had caused multi-organ failure. The diagnosis had evolved appropriately with the data at hand. Antibiotics had been escalated. A broad medical team had intervened.
The court concluded: this wasn’t a case of negligence. It was a case of disease progression, despite timely and standard care.
When the signs don’t point clearly, the law still expects clarity of process — not perfection of outcome.
Source : Order pronounced by National Consumer Disputes Redressal Commission on 11th October, 2023.