A surgeon and a hospital were recently found culpable by the National Consumer Disputes Redressal Commission (NCDRC) for failing to get permission before excising a patient’s 6cm sciatica nerve. Additionally, they neglected to tell the patient about the surgery, document it in the post-operative notes, or offer the required counseling.
The Apex Consumer Court directed them to provide the patient a lump sum payment of Rs 5 lakh due to this service shortcoming. They had already received instructions from the State Commission to cover the costs of post-operative treatment. The top consumer court did, however, accept the hospital’s and doctor’s claim that the patient needed to have the sciatica nerve severed in order to survive.
The patient first sought advice from treating hospital surgeon Dr. Kokne in 2012. The surgeon suggested removing a tumor in the thigh surgically, promising more mobility afterward. The surgeon operated on the patient’s wife, who gave her approval, removing the tumor from the patient’s left thigh.
The patient said that the doctor cut the 6 cm sciatic nerve carelessly during the treatment, which left her left leg without feeling or movement and made it difficult for her to walk alone. It is said that the surgeon neglected to record this nerve severance in the post-operative notes.
Dr. Ravi, a pathologist, gave a report two days following the surgery that revealed cancer (“Atypical Lipoma favoring well Differentiated Liposarcoma”). At Gupte Cancer Clinic, the patient had chemotherapy as part of their cancer treatment.When the patient went back to Christian Medical College for a second opinion, a reexamination revealed no clear signs of malignancy. After that, the patient traveled to Meditrina Institute of Medical Science in Nagpur, where it was determined that the sciatic nerve injury from the surgery had resulted in a left foot drop. This necessitated surgery and resulted in high medical costs.
The patient claimed that the pathologist and treating surgeon had been careless, and that there had been misunderstandings about the cancer diagnosis and the course of therapy. After the doctors and hospital failed to pay the Rs 18,30,000 in compensation that was sought through legal letters, a lawsuit for compensation plus interest and litigation costs was filed with the District Forum.
SOURCE:
SARKARI DOCTOR
