Tracheostomy without consent, consultation- Consumer Court dismisses Rs 25 lakh claim against ENT surgeon, Karnataka Hospital
Reiterating the observations of the National Consumer Court that no medical negligence can be attributed against a competent surgeon if an emergency operation was conducted to save the patient, the State Consumer Disputes Redressal Commission, Karnataka, recently exonerated an ENT surgeon and a private hospital from charges of medical negligence while treating a patient diagnosed with Ludwig Angina.
The complainant alleged that his wife died after the ENT surgeon performed a Tracheostomy without consent and without consulting other doctors. However, the consumer court noted that the patient's oxygen level had dipped, and the primary duty of the ENT surgeon was to make an airway, which could be done only by operating on the patient by Tracheostomy.
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