A severely ill and bedridden patient, suffering from Atlanto axial dislocation since several years, was diagnosed with kidney stones. Lithotripsy was performed but some stones remained.
The patient required surgery for removal of stones, but it could not be performed due to his frail condition. He was referred to a reputed national hospital, but the doctors of this hospital too declared him unfit for surgery.
Unfortunately the patient died due to infection a few months thereafter.
His parents sued the first hospital and alleged that its doctors ought to have performed open surgery to remove stones.
The hospital denied the allegation and stated that surgery was contraindicated as the patient suffered from Atlanto axial dislocation. The effects of anaesthesia could have led to life-threatening situations such as collapse of lungs.
The Commission agreed with this defence and observed that the patient was paralytic and confined to bed due to Atlanto axial dislocation. Hence, we was not fit for surgery.
It was further observed that the experts at second hospital also concurred that operating upon the patient could have been fatal, and hence it was not performed.
The case against hospital was dismissed.
Source: Order pronounced by Chandigarh State Consumer Disputes Redressal Commission on 13th June, 2022.
