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Death after tonsillectomy : ENT Surgeon absolved of Medical Negligence
Delhi: Setting aside the Kerala state consumer commission's decision, the National Consumer Dispute Redressal Commission (NCDRC) has dismissed a case of medical negligence against an ENT surgeon who performed a Tonsillectomy on a patient who shortly died after the procedure.
This came after the wife of a patient approached the state medical council alleging medical negligence on part of the doctor for not diagnosing the bleeding disorder before tonsillectomy surgery performed on the patient which ultimately led to the death of the patient. The state commission held the doctor guilty of negligence and stated that the complainant will be entitled for receiving almost Rs 350000 as compensation.
The complainant has testified that there is no such family history and that his children and the relatives were subsequently tested regarding the bleeding disorder and found to be having no such disorder the complainant has not produced any evidence in this regard. Hence we find that after being aware of the family history of bleeding disorder the patient and the complainant ought to have intimated the same to the treating doctor/ ENT Surgeon/ DW 1. We find that there is contributory negligence on the part of the patient and the complainant in this regard. We assess the contribution of negligence as 50 %.
Contributory negligence on the part of the patient', as held by the State Commission, ipso facto implies negligence on the part of the doctor / hospital. In our considered opinion, the State Commission has erred in holding negligence ( per se or due to contribution by the patient) on the part of the doctor, hospital.
Sanchari Chattopadhyay has pursued her M.A in English and Culture Studies from the University of Burdwan, West Bengal. She likes observing cultural specificities and exploring new places.