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M.B.SHAH, RAJYALAKSHMI RAO
H. S. Sharma – Appellant
Versus
Indraprastha Apollo Hospital – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Mr. Rajan Sareen, Advocate.
For the Opp. Party No 1:Mr. Lalit Bhasin, Advocate with Ms. Anupama, Advocate.
For the Opp. Party No. 2: Mr. Yakesh Anand for Dr. Sethi (In person).

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. Duty of Post-Operative Care: Medical practitioners are expected to devote adequate time and attention to post-operative treatment, including regular follow-up and monitoring of vital parameters such as blood sugar and blood pressure. Failure to do so constitutes deficiency in service (!) (!) .

  2. Importance of Medical Records: Proper maintenance of medical records, including treatment charts, blood sugar levels, blood pressure, and other vital parameters, is mandatory. Lack of accurate and complete records can impact the assessment of negligence (!) (!) .

  3. Monitoring of Blood Sugar in Diabetic Patients: Diabetic patients undergoing surgery require continuous monitoring of blood glucose levels before, during, and after the procedure. Relying solely on patient statements about blood sugar control, without objective monitoring, is considered negligent (!) (!) .

  4. Timing of Post-Operative Follow-Up: Prompt response to post-operative complications, such as sudden vision deterioration, is critical. Delayed intervention can lead to worsened outcomes, including loss of vision or the need for evisceration (!) (!) (!) .

  5. Management of Post-Operative Infection: Early identification and treatment of infections, particularly fungal endophthalmitis, are essential. Failure to recognize the severity and nature of infection promptly can result in irreversible damage, including loss of the eye (!) (!) .

  6. Use of Steroids and Medications: Administering medications such as systemic steroids without proper assessment of infection type or patient condition, especially in diabetics, can exacerbate complications. Appropriate treatment protocols must be followed (!) (!) .

  7. Informed Consent and Explanation: Patients should be thoroughly informed about the nature of the surgery, potential risks, and post-operative care requirements. Proper documentation of this communication is necessary (!) (!) .

  8. Negligence in Surgical Environment and Procedures: Sterilization and infection control measures should be diligently followed. The absence of evidence of sterilization or lapses in aseptic procedures can be grounds for negligence (!) (!) .

  9. Contributory Negligence: Patient’s own negligence, such as poor control of underlying conditions like diabetes, can influence outcomes but does not absolve the healthcare provider of their duty to provide proper post-operative care (!) (!) .

  10. Legal Consequences and Compensation: Failure to provide adequate post-operative care, monitoring, and timely intervention constitutes deficiency in service, which can lead to awarding compensation. In this case, the compensation was assessed at Rs. 2,00,000 for deficiency in post-operative care (!) (!) (!) .

  11. Professional Responsibility: Surgeons and hospitals are responsible for ensuring that post-operative instructions are clear, comprehensive, and followed, including instructions on managing complications and maintaining health parameters (!) (!) .

In summary, the document emphasizes that post-operative care is a vital component of medical treatment, and neglect or deficiency in this stage can result in severe consequences for the patient, including permanent disability or loss of eyesight. Proper documentation, monitoring, timely response to complications, and adherence to medical protocols are essential to fulfill the duty of care and avoid liability.


ORDER

Mrs. Rajyalakshmi Rao, Member—At the outset, we would state that over busy medical practitioners are expected to devote some time and see that post-operative treatment is also given properly and care is taken by the patient in accordance with the requirements of the disease or the operation. It is their duty. If this is not done, it is likely to create complications after operation which may on occasions be fatal or affect the health of the patient. Not doing so or not attending the patient after operation or delay in giving appointment, in case of complications, would certainly be deficiency in service.

2. Further, discharge summary must also contain treatment chart at the pre-operative and post-operative stages. It must also contain details of what precautions are required to be taken by the patient.

Facts:

3. This Original Complaint is filed by H. S. Sharma, Complainant against Indraprastha Apollo Hospital, opposite party No. 1 and Dr. Arun Sethi, Senior Consultant Opthalmology of Indraprastha Apollo Hospital, opposite party No. 2, alleging medical negligence and deficiency in service with regard to the surgery and treatment of his eye. For this, an amount of Rs. 1 crore t

























































































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