Patient’s gastro problems takes wind out of doctor’s sail

Nibaran had complain of pain in the abdomen and hence approached Dr. Das who performed endoscopy and diagnosed gastro outlet obstruction. The doctor advised posterior Isoperistaltic gastro ileostomy which was performed by him at the nursing home.

However, Nibaran’s condition worsened after the procedure and he approached a hospital in Bangalore where Dr. Sikram, a gastro surgeon, diagnosed pyloric stenosis secondary to peptic ulcer and performed gastro jejunostomy with nasogejunal tube placement.

The patient recovered after the second surgery but perhaps not from the trauma he went through. Nibaran approached State Consumer Disputes Redressal Commission, West Bengal and blamed Dr. Das for his what he went through. It was alleged that the first surgery was wrongly performed which subsequently necessitated the second one. It was further alleged that the doctor at the Bangalore hospital opined that the first surgery was unsuccessful, and hence, this opinion should also be considered.

Dr. Das stated that gastro ileostomy was the standard procedure for treating gastro outlet obstruction and the patient suffered known post-operative complications and hence it cannot be construed as medical negligence.

The Commission clearly thought otherwise. It was observed that the patient had to undergo a second surgery after the first surgery was performed and that clearly indicated negligence on part of the doctor. It was further observed that Dr. Das performed gastro ileostomy instead of gastro jejunostomy, which also indicated negligence.

Dr. Das paid a compensation of three lakh rupees and also spent time appearing in the court. Was it an honest mistake, or lack of due diligence, you decide?