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Negligence during Gall Bladder Surgery: MCI upholds 15 day Suspension of Surgeon, Anesthetist

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Negligence during Gall Bladder Surgery: MCI upholds 15 day Suspension of Surgeon, Anesthetist

New Delhi: Holding no Infirmity with the Delhi Medical Council (DMC) order, the Medical Council of India (MCI) recently upheld the state medical council’s decision of suspending two doctors for a period of 15 days.

The case concerned a renowned academician from the North East- Dr Anamika Ray and goes back to 2015 when she was admitted to as admitted to the city-based Navjeevan Hospital for a minimal access surgery of gall bladder.

She had undergone a gallbladder surgery on July 17, 2015, at Delhi’s Navjeevan Hospital where she was allegedly left unattended for several hours after the doctors said the patient suffered a cardiac arrest during the surgery. Her husband further alleged that the doctors neither performed an ultrasound nor saw the reports of similar tests done before to exactly locate the gall bladder.

“The protocol of the surgery was not performed. After the surgery was performed, I was all of a sudden told by the doctor that the patient had suffered a heart attack and blood pressure had come down. Even in such a situation, there was no cardiologist in the hospital to check my wife due to which my wife was left at the operation theatre without any doctor from 11 a.m. to 7.30 p.m”, the complainant had alleged at that time.

The patient was shifted to Jaipur Golden Hospital but, the complaint also said that after being admitted to the Jaipur Golden Hospital, the doctors there too did not start immediate treatment as the patient was not in a good condition.

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Alleging negligence, the husband of the deceased then filed a complaint with the Delhi Police, the Delhi Government as well as wrote a letter to the then Assam CM Tarun Gogoi asking for intervention.

Read Also: Assam professor dies in Delhi Hospital. Family alleges medical negligence

The matter was then forwarded to the Delhi Medical council which after going through the details held negligence on part of two doctors. The Delhi Medical Council had observed:

It is observed that pre-anesthetic check-up and preparation of the patient was not proper. It is noted that no anaesthesia chart was maintained which is a vital document during the surgery; as such this basic document apparently is not kept in the said Hospital. It is noted that intra-operative recordings of the vitals were not maintained. As per the anaesthetist, the intra-operative anaesthesia events were recorded by him after the surgery was concluded. In laparoscopic cholecystectomy ETCO2 and airway pressure monitoring is imperative as per American Society of Anesthesiologists guidelines (standard protocol guidelines).  The anaesthetist  did not monitor airway pressure or ETCO2.  Similarily, even the weight of the patient was not recorded.  The anesthetic records are bereft of the essential vital parameters which are to be maintained during the surgery viz. intra-operative Blood pressure, pulse, respiratory rate, temperature charting.  It is apparent that the operation-theater at the said Hospital was not equipped to monitor end Tidal CO2.

DMC also observed that the cardiologist was called 8 hours after the patient had suffered an attack

Holding negligence on part of the operating surgeon and the anaesthetist, DMC directed removal of their name from the state medical register for a period of 15 days.

The case was later examined by MCI at the appeal filed by the husband expressing dissatisfaction over the DMC order passed on June 16, 2017. MCI in its recent meeting upheld the DMC order.

“The ethical sub-committee of the Medical Council of India concluded that there is no infirmity in the order of the Delhi Medical Council and therefore, decided to uphold the order,” stated the issued order.


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Source: self
10 comment(s) on Negligence during Gall Bladder Surgery: MCI upholds 15 day Suspension of Surgeon, Anesthetist

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  1. user
    Dr mayor mibang August 23, 2019, 7:27 am


  2. Small set ups cannot be expected to have same standards as big hospitals and while assessing negligence one should compare with standards to be maintained and followed by set ups of similar nature. The requirements of nursing home registration authority are the minimal acceptable standards and if these have been met there shall be no charge of negligence on this count.
    In the present case limited information is available. Nursing home’s explanation is only sketchy. Opinion should thus be based on more information and keeping in mind the available facilities in similar nursing homes.

  3. 3 months to 01 year suspension – must

  4. user
    Dr Suresh Kumar Sarawgi August 13, 2019, 11:54 pm

    The confirmation of negligence on the part of two doctors by DMC was enough ground for suspension from medical practice at least for a period of six months. The suspension of fifteen days was just a mockery of punishment.

  5. Negligence occurs when practices become routine. One escapes 99% but that 1% proves costly. It is happening in best of centres.
    My wife 68% was operated in AIIMS for Thyroid related eye muscle pathology. She had associated diabetes and glaucoma. She is herself an anaesthetist. Both of us are from AIIMS.
    No preanaesthetic investigation or check up was done. No endocrinology consultation and even proper glaucoma/ eye evaluation. I was shocked at the standards of care being observed at the premier institute because things are being done as a routine. Private set ups are more vigilant because of CPA but the standards are falling in govt. sector because of immunity enjoyed by them

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