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Consumer Court holds Max hospital surgeons guilty for leaving Cotton during Brain Surgery, directs Rs 5 lakh compensation
New Delhi: Holding the Max Super Specialty Hospital and its Surgeons guilty of medical negligence for leaving a foreign material at the site after brain surgery, the District Consumer Disputes Redressal Commission-II, New Delhi has directed them to pay Rs 5 lakh as compensation to the family of the complainant, who had died after filing the complaint.
Such a decision was taken by the Commission after taking note of the entire medical reports including MRI and histopathology report of AIIMS, Sir Ganga Ram Hospital, and the report given by the expert board of Safdarjung Hospital that was constituted by the Commission itself.
Holding the Hospital and its doctors guilty, the Commission noted, "when the test of an ordinary competent person exercising ordinary skill in that profession is applied the OPs are guilty for negligence as mere presence of a foreign material at the site of the surgery after the surgery was completed is itself indicative of lack of care taken by the surgeon during the surgery and therefore we conclude that OPs are guilty of medical negligence."
The history of the case goes back to 2008 when the complainant had pain in his head and therefore he visited the Max Super Specialty Hospital, where he was advised for MRI and CT scan. The report of the CT scan and MRI disclosed that there was grade II tumor and operation was a must. Accordingly, the complainant was directed to o deposit Rs 1,49,000 as operational expenses besides other medicine expenses.
Also Read: NMC rejected 25 Medical Negligence appeals moved by patients' kin, reveals RTI
Barsha completed her Master's in English from the University of Burdwan, West Bengal in 2018. Having a knack for Journalism she joined Medical Dialogues back in 2020. She mainly covers news about medico legal cases, NMC/DCI updates, medical education issues including the latest updates about medical and dental colleges in India. She can be contacted at editorial@medicaldialogues.in.