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ERCP without Consent : Hospital told to pay Rs 62,000 Compensation

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ERCP without Consent : Hospital told to pay Rs 62,000 Compensation

Nashik: A city-based private hospital has been directed by the District Consumer Grievances Redressal Forum to pay compensation of Rs 62,000 for deficiency in providing proper treatment for gall bladder stones.

The hospital was also accounted for conducting Endoscopic Retrograde Cholangio Pancreatography (ERCP) procedure without seeking permission from the patient or her relatives and also not having ICU facility and infrastructure at the hospital .

“The patient should be given Rs 50,000 as there was a deficiency in service by the hospital. The hospital should also give Rs 7,000 for mental harassment and Rs 5,000 for the costs incurred,” the court noted in its judgement

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The case concerned a female patient who was admitted to Bhagwati Hospital in Rane Nagar after experiencing chronic stomach pain on 10th October 2016. She was diagnosed with stones in her gall bladder. She underwent operation through Endoscopic Retrograde Cholangio Pancreatography (ERCP) where an incision was made in the bile duct to remove stones from the gall bladder.

The complainant alleged that the doctor conducted the surgery without taking permission from her or her family.  The patient further claimed that after the surgery, she could not recover at all.

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Her condition kept on deteriorating and by 13th October, she was unable to pass urine. She was then rushed to the Apollo Hospital where it was informed that her pancreas was injured during the last surgery. It was also mentioned that about 13 liters of water was removed from the body and the complainant was discharged after ten days.

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The patient then went to Mumbai for treatment where she was informed that the stones were still present in her body. A laparoscopy was conducted by the specialist doctors to remove the stones from the body. The operation performed in a Mumbai hospital was a successful one.

The patient then moved to the Consumer Forum in June 2017 to register a complaint against the the Hospital for not performing the appropriate surgery due to lack of the proper infrastructure, including the ICU and failed to inform her relatives about the procedures in ERCP. She alleged that she asked for refund but was refused the same. She complained to the forum that she had to spend 5.43 lakh in the entire procedure.

However, the doctor claimed that the treatment was carried out as per protocol and that there was no deviation. Both the patient and her relatives were clearly apprised of the issues. They have also advised laparoscopy after the treatment failed but the patient and her relatives chose the other way, reports TOI.

The forum in its judgment found the hospital guilty and ordered it to pay compensation of Rs 50,000 for performing surgery without obtaining the consent of the patient along with deficiency in the infrastructure.





Source: with inputs
7 comment(s) on ERCP without Consent : Hospital told to pay Rs 62,000 Compensation

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  1. But we can\’t be lazy and careless. We should stick to basics and be diligent.
    Luckily the judge was merciful

  2. Valid written informed consent is a MUST.
    Fortunately compensation has been given only in thousands, not in lacs and crores.!!
    Anything is possible in today’s era.

  3. It is apparent that the treatment protocol was followed by the hospital and does not seem to be the point in dispute. The points in dispute are: 1. the ERCP is claimed to have been done without a written down informed consent. 2. and the relatives were not informed about the ERCP. there is no mention of who are these relatives and what is the obligation of the physician to inform all the relatives?!. NO doubt an Informed consent is essential prior to conducting any invasive procedure and is a legal requirement but written down consent is not. Implied consent is legally valid in this country. the defending counsel should have put forward these arguments and the adverse effects of not undertaking the said treatment. Further he should have put forward the argument that no prudent person would have refused consent knowing all the adverse and sometimes fatal effects of refusing the treatment. the defence lawyer should also have put forward various scientific data to justify the protocol. the point here is no doubt informed consent is legal requirement but the written down consent is not.

  4. Ercp is required for stones in CBD

    Ercp may cause pancreatitis

    Gall stone surgery is performed after Ercp

    I think the treatment was justified and relatives were explained

  5. Sir, treatment was justified ok. Was the operation successful??. Even after the surgery, stones were present as per Mumbai hospital. Why all stones were not removed? Today\’s medical education is directed only to make money. Many ,not all, professors are interested only in money and shares and constructing houses. Morality is pushed to garbage. God only save next generation!!!

  6. Sir court has charged the hospital for not talking the written consent. They didn\’t object about the treatment protocol. This is the lesson for the hospital to have written consent in future.

  7. user
    Dr Anurag Verma.M.D(medicine ) , LL.B,P.G.D.M.L.S. March 28, 2019, 5:23 pm

    Written consent , a legally valid informed consent is must before any invasive surgical procedure and indoor medical treatment also.

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