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S.M.KANTIKAR, BINOY KUMAR
Sir Ganga Ram Hospital – Appellant
Versus
Sita Omar – Respondent
ORDER
Dr. S.M. Kantikar, Presiding Member—These two cross Appeals have been filed by the Appellant as well as the Respondents under Section 19 R/w. Sec. 21(a)(i) of the Consumer Protection Act, 1986 against the order dated 23.10.2018 passed by the State Consumer Disputes Redressal Commission, New Delhi in Complaint Case No. 147 of 2009, whereby the Complaint was allowed.
2. Brief facts:
The Complainant, Dr. Sita Omar’s husband suffered road accident on 11.03.2007 at 11:40 p.m.He was immediately taken to Safdarjung Hospital and then admitted to Sir Gangaram Hospital (SHRG) under care of Dr. A.K. Kocher, an Orthopedic Surgeon (hereinafter referred to as the ‘OP-2’).He examined the patient, who suffered multiple fractures of ribs, right femur, left fibula and pubic rami and ankle. Both the lungs were punctured and patient developed hemothorax. Due to severe blood loss, the patient developed hypotension and shifted to ICU. After a week, on 19.03.2007, Dr. S. K. Chaddha (hereinafter referred to as the ‘OP-4’) performed thoracotomy and simultaneously operated for fixation for femur and ankle repair.After two months, on 28.05.2007, spinal vertebral fixation with implant was done.However,
Res Ipsa Loquitor – It applied the principles of res ipsa loquitor as no proper care was exercised during and after surgery and thus negligence on the part of OPs is writ large.
(1) DEXA scan — From the medical literature DEXA scan is not mandatory in each case.(2) Accepted method —OP-1 used the accepted method of treatment and thus it was a reasonable standard of practice, ....
Medical negligence ruled out where in a case established treatment protocol followed with reasonable duty of care.
Medical negligence not established as the surgical procedures adhered to accepted standards of care and informed consent was secured.
Medical negligence requires clear evidence of fault; mere complications from surgery after a lengthy delay do not establish negligence.
(1) Failure of duty of care - It was the duty of treating doctors to rule out the cause of Subarachnoid hemorrhage due to aneurysm. But in the instant case, the patient was discharged within short pe....
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