This is an important judgement delivered by the hon’ble Supreme Court of India, clarifying that admitting patients post-surgery in the ICU is not a mandated medical protocol, but rather has to be dealt as per merit of the case.
A patient suffering from Chiari Malformations (Type II) with Hydrocephalous underwent surgery at the hospital. After surgery he was shifted to private room. Unfortunately, he succumbed to cardiac arrest after six days.
Patient’s family sued the hospital. Their main contention was that he did not receive proper medical care after surgery. He ought to have been shifted to ICU and not to the private room.
The hospital and doctors denied the allegations and pointed out that patient received appropriate medical treatment and care to manage complications.
The Supreme Court of India rejected family’s allegation, observing the following:
“The material available on record demonstrates that as per the standard practice, all patients who show no signs of complications in the recovery room and have no post or pre-operative complications are sent to their rooms”.
“The symptoms, which emerged after the patient was discharged from the operation theatre, were not the symptoms, which typically precede a cardiac arrest. Since, the patient did not have any known or identifiable heart ailments, it was impossible for the doctors to have prior knowledge that he may develop cardiac problem after few hours of a successful surgery”.
“The patient would have been shifted to the ICU immediately if serious complications would have arisen after the surgery, therefore, in the absence of complications in the surgery or soon thereafter, he was not required to be shifted to ICU and there is no negligence on this count by either the doctors or hospital”.
Source : Order pronounced by Supreme Court of India on 17th October, 2023.