Can a doctor be held negligent for the failure or post-operative complications of a new procedure? No; if he / she has explained the details of such procedure, and an appropriate consent has been taken after explaining every risk and benefit.
The patient, an ex-army man and a sportsman, approached a hospital with complains of knee pain. The orthopaedic surgeon performed total knee replacement (TKR) using TRUMATCH knee technique.
Post-operatively, the patient suffered some complications in both knees. He visited the orthopaedic surgeon after about four years. The doctor advised revision surgery for the left knee.
The patient apparently did not appreciate the diagnosis and was furious upon the doctor. He sued the surgeon and hospital. It was alleged that the doctor made tall claims about imported implant and the procedure.
“He promised that I would be able to dance and run after the surgery”, claimed the irate ex-army man.
The orthopaedic surgeon denied patient’s claims, stating that he was credited with the launch of Knee Concept & Personal Fit Joint Replacement in India, and launch of high flexion knee and hip replacement in North India.
It was further stated that patient’s details were sent to the US company and the implants were made precisely to the size as per patient’s MRI. The TKR surgery was successfully performed and the patient was discharged after a week with an advice for follow up with a senior orthopaedic surgeon with the army. The patient never consulted for four years after the surgery, concluded the doctor.
The Commission accepted doctor’s defence as it observed the following:
“It is evident that the patient willingly opted for TKR surgery with TRUMATCH custom knee solution. He was aware that the jigs would be manufactured by a company in US and it would cost him dearly. He alleged that alignment of his right leg was not correct after surgery. It is pertinent to note that for more than four years he never complained or approached the doctor and then suddenly after about four years and eight months, he filed this case”.
“It is also evident that complete details of treatment were provided to the patient and record of the same has been recalled from the manufacturing company in US. The doctor has testified that customized surgical plan is devised from 3D model and once approved, specific jigs are made for a particular patient, which are then sent to India and this surgery, since customized, is very precise. There can be many reasons for revision, but no alignment defect was seen during surgery, as the jigs were manufactured according to precise size by the manufacturing company. Merely advising revision of left knee after five years would not mean that previous surgery was defectively performed by the doctor”.
Patient’s case against the orthopaedic surgeon and hospital was dismissed.
Source : Order pronounced by National Consumer Disputes Redressal Commission on 30th May, 2023.