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Relief to Anesthetist after 25 years: NCDRC holds Death of Patient post surgery not conclusive proof of negligence
New Delhi: Holding that simply the death of a patient is not a conclusive proof of medical negligence, the National Consumer Disputes Redressal Commission (NCDRC) bench recently exonerated Rajasthan Hospital and its Anesthetist from charges of negligence after around 25 years.
Although the Complainant had claimed that the patient, who had been operated for intestinal obstruction, had suffered cardiac arrest because of the overdose of anesthesia by Dr Gauri Punjabi, the top consumer court clarified, "Simply because the patient died after a surgery is not a conclusive proof of alleged negligence."
"The operative notes clearly show that there was no complication during the surgery. The CPR was performed as per the standard protocol. Therefore, the allegation of medical negligence against the Opposite Parties is not sustainable," it further added.
The matter goes back to 1997 when the patient got admitted to Rajasthan Hospital after suffering from some digestive problems. Various tests including blood test, x-ray, electrocardiograph (ECG) had been conducted and the patient was discharged after a couple of days. However, the patient had to come back again and he had been operated for intestinal obstruction on 05.01.1998.
After the operation, while transferring the patient suffered a sudden cardio-respiratory arrest at around 4.10 p.m. and he suffered the second arrest at around 7.45 p.m. and around 30 minutes later, the patient had been declared dead.
It was the contention of the complainant that the patient was young, around 32 years old at that time. He had god general condition and he had been declared to be fit for surgery as per normal ECG and other reports. Therefore, the complainant alleged that his death during the operation was due to negligence and carelessness or overdose of anesthesia. Being aggrieved, the wife of the patient and other legal heirs filed the Consumer Complaint and prayed for Rs 10 lakh as compensation.
"Simply because the patient died after a surgery is not a conclusive proof of alleged negligence. In our considered view the Opposite Parties had taken all necessary precautions before performing the surgery. The operative notes clearly show that there was no complication during the surgery. The CPR was performed as per the standard protocol. Therefore, the allegation of medical negligence against the Opposite Parties is not sustainable."
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.