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S. M. KANTIKAR, BINOY KUMAR
Manjulata Garg – Appellant
Versus
R. C. Mishra – Respondent
ORDER
Dr. S.M. Kantikar, Presiding Member—The Underlying Facts As Alleged By the Complainant:—
On 11.05.2011, Smt Manjulata Garg (since deceased herein referred to as “ Patient”) was taken to OP-1 i.e. Dr. R.C. Mishra for complaints of severe backache. Her husband informed the OP-1 about the Osteoporesis of the patient. After examination, the OP-1 advised to admit her immediately to the Kamayani Hospital (OP-3 - Hospital). It was alleged that the physician’s opinion and neurological evaluation was not done and no proper pre-anaesthetic check-up was done by the Anaesthetist. The MRI dated 11.05.2011, done at Eisha Diagnostic showed collapse of D-10 vertebra and the X-Ray showed traumatic compression of D-11 vertebra and severe Osteoporosis. However, the OP-1 did not bother to recheck/confirm the report by repeat X-ray or MRI. The patient was operated on 12.05.2011 at 5 PM. The operation took 3 ½ hours to complete. The OP-1 after operation informed the patient’s husband that due to very weak/fragile bones, he did not fasten the screws to its full extent. Thereafter, patient’s condition deteriorated and she remained at the hospital till 21.05.2011. It was alleged that during the said p
(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.
(1) Death of patient - The death of patient was not due to oesophageal perforation and no way related to the surgery also. Patient died due to sudden unexpected and unrelated hematemesis.(2) Treating....
1) Pertinent to mention here that complainant never claimed for any expert’s opinion in dealing with the negligence in his medical treatment.2) In Kusum Sharama and others Vs. Batra Hospital and Medi....
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.
Medical professionals must adhere to established standards of practice; failing to do so constitutes negligence, justifying compensation to affected patients.
(1) Improper treatment on basis of commonly undetected injuries termed as limited negligence, not medical negligence. (2) Patient deserves compensation due to lifetime impairment due to misdiagnoses.....
(1) Definition of Negligence – Following the Jacob Mathew and Kusum Sharma precedents, negligence is defined as a breach of duty through omission or commission that a “reasonably competent” professio....
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