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NCDRC finds Sitaram Bhartia Hospital guilty for not taking consent, fines Rs 7 lakh
New Delhi: Doctors MUST take consent of patient/family members before undertaking an invasive procedure during treatment, a bench of Justice Ajit Bharihoke and Anup K Thakur of the National Consumer Disputes Redressal Forum were seen reiterating while pronouncing the judgement in a case of medical negligence.The consumer court was responding to a case filed against Sitaram Bhartia Institute...
The consumer court was responding to a case filed against Sitaram Bhartia Institute of Science and Research, New Delhi, where the patient had alleged that the doctors had not taken consent of family members before inserting a catheter for central venous line procedure adding that due to their alleged negligence, the jugular artery was ruptured resulting in profuse bleeding and he had to be shifted shift to another hospital for treatment.
The hospital responded that the procedure of insertion of CVL in the patient's neck was a routine procedure like giving injection and consent was not required as it was not a surgical or invasive procedure.
The court however, not finding any merit in the hospital's justification stated that putting CVL in the body of a patient could not be equated with ordinary procedure
Unless the procedure is necessary in order to save the life or preserve the health of the patient and it would be unreasonable to delay the procedure until the patient regains consciousness and takes a decision, a doctor cannot perform such procedure without consent of the patient. In the instant case, the insertion of catheter by Central Venous Line procedure being an invasive procedure carrying certain risk of complication, including injury to the jugular vein or bursting of the blood cells, the team of doctors was legally required to obtain consent of the patient.
"We haven't received the copy of the order yet. After seeing the order, if order is adverse we will approach the Supreme Court," said Dr Shubhra Verma, General Manager (Operations), Sitaram Bhartia hospital told TOI.
Meghna A Singhania is the founder and Editor-in-Chief at Medical Dialogues. An Economics graduate from Delhi University and a post graduate from London School of Economics and Political Science, her key research interest lies in health economics, and policy making in health and medical sector in the country.She is a member of the Association of Healthcare Journalists. She can be contacted at editorial@medicaldialogues.in. Contact no. 011-43720751