Can a surgeon / doctor be held responsible if the nursing home / hospital does not follow post-surgery treatment advice? Certainly not.
The patient underwent a successful surgery at the hospital. The operating surgeon advised hot compression which, instead of a skilled nurse, was done by an untrained ward boy.
The hot compression burnt patient’s left leg, leading to development of blisters.
The hospital and the doctor were sued. While the hospital was held negligent and ordered to pay compensation, the patient approached higher court for claiming compensation from the doctor as well.
The Commission observed that the doctor had no role to play in the unfortunate incident. Moreover, he could not be held accountable for non-compliance of his advice or failure to follow it properly by the hospital or its staff.
The case against doctor was dismissed.
Source: Order pronounced by West Bengal State Consumer Disputes Redressal Commission on 23rd December, 2021.