Allegations of faulty hysterectomy: NCDRC Dismisses Medical Negligence case Against Doctor
New Delhi: Setting aside the order of the state commission, the National Consumer Dispute Redressal Commission (NCDRC) has recently dismissed a plea alleging medical negligence by a doctor who performed a hysterectomy on a patient, who later died.
This came after the accused doctor filed a revision petition against the common order of the Punjab State Commission.
"post operatively to avoid infection, the Opposite Party No. 1 administered higher antibiotics viz. Augmentin, Amikacin and pain killers. Patient was also advised for early ambulation. However, the State Commission did not consider these aspects. During postoperative period the patient was afebrile, taking oral feeds, passing the stools. On 10.09.2006 the patient was discharged in stable condition. The Pulmonary Embolism is a very fatal condition developed in the instant patient and it caused multiorgan failure (MOF) and subsequently death."
"However, in our view, septicemia appears to be a provisional diagnosis made by the hospital and the insurance company," the court added.
The court further added, " Based on the foregoing discussion, in the given facts and the entire material on record before us, it is not feasible to attribute negligence on the opposite parties. We set aside the Order of the State Commission and allow these Revision Petitions and dismiss the Complaint."
To access the official judgment, click on the link below-