Use of Expired Jelly in Hip Replacement Operation: Orthopedician, Kolkata Hospital slapped Rs 70,000 compensation
Kolkata: Noting that the operating orthopedician used an expired jelly during hip replacement surgery, the District Consumer Redressal Commission, Kolkata has held the Nightingale Hospital and surgeon guilty of medical negligence, deficiency in services and Unfair Trade Practice. With this, the court has directed the hospital and the surgeon to pay a compensation of Rs 70,000/-.
The case goes back to the year 2018 when the patient felt pain in his right knee and visited Dr. T N Sarkar on 16th April 2018 who advised him to get an X-Ray done for both hips AP and Right Knee.After getting the X-ray and examining the same, the doctor advised the patient to get a reunion surgery Total Hip Replacement Right side.
The patient then went to Dr. Bose at the Nightingale Hospital with his X-Ray on 2nd May 2018 and the doctor advised the revision surgery of Total Hip Replacement Right hip. The patient got admitted to the Nightingale Hospital on 7th May 2018 and got operated on 8th May 2018.
During the postoperative treatment of the patient, the following implants and jelly were applied on the operated side of the patient, namely as follows.
1. Femoral head 12/14 tapper, date of expiry: 30.06.2027
2. Warnor SL RevisionR hip stem, date of expiry: 31.03.2022
3. Shell Porous 62MOD with cluster Holds, date of expiry: 30.04.2026
4. Liner, longevity crossed linked polythene 28M, ID, date of expiry: 30.04.2018
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The patient in his plea alleged that the hospital told the relative of the patient to return back the empty boxes of the implants and jelly used for the patient, the relative returned the same on the evening of the operative day itself.
He stated in his plea that the hospital made an interim bill for the post-operative treatment, medicine, and doctor fees including operation charges on 10.05.2018 of Rs. 1,21,326/- out of which a sum of Rs 1,20,500/- had been already cleared. The bill included charges as a sum of Rs 12,580/- for the "implants" which later was declared as ward expenses.
The patient in his plea furnished before the court that the relative of the patient checked the boxes of the implants and jelly used, and saw that the Linear, longevity-crossed linked polythene used on the patient was an expired product and had already expired on the 30th April 2018. He went to the hospital on 11th May 2018 and met the Resident Medical Officer of the hospital where the patient was admitted and asked about the expired jelly being used but the hospital stated that a within-expiry-dated jelly was used on the patient and the wrong expiry date box was handed over to him and asked the relative to return the box to the hospital, which he denied and later contacted the operating surgeon and enquired about the same to which the doctor told him that the housekeeping staff of the hospital must have handed him over the wrong expiry date boxes. The hospital was unable to provide the actual box to the relative of the patient.
The patient in his plea alleged that on 11th May 2018, the hospital pressurized the relative of the patient to return the boxes and also told him to discharge the patient. The relative of the patient immediately went to the Shakespeare Sarani Police Station and filed a complaint against the hospital and the operating surgeon. The patient with the help of the police personnel was discharged from the hospital after clearing a bill of Rs 2,50,000/-.
The patient also alleged that there was no date of operation mentioned on the discharge summary and the date of discharge was handwritten. Later, the relative of the patient sent a handwritten letter to the administrator of the hospital asking him to take an action against the alleged medical negligence but the administrator refused to receive the letter, therefore the relative sent a letter to the hospital by speed post. Inspite of repeated requests, no action was taken by the hospital.
The relative of the patient later consulted a reputed orthopedic surgeon and asked him about the complications of using an expired jelly post-operation and the doctor told him about abnormal pain along with the chance of permanent damage. Thus, the patient filed a plea before the forum in August 2018 for the alleged medical negligence and suffering along with mental agony.
The hospital and the surgeon both denied the accusations.
Responding to the patient, the counsel for the hospital argued that it was a misconception of the patient and that the plea filed by him was unmaintainable by the law and he had once already been operated on for THR right hip in the year 2009 by the same doctor Dr. Bose. He stated that the chemicals and implants are directly provided by the M/s Standard Chemicals Company in the OT.
The hospital alleged that the batch number and expiry date were identified by the operating surgeon and assisting nurse in the OT before the operation and the same was attached to the casefile. It was also mentioned by the hospital that the medicines and implants come loose in empty carton boxes to the OT and hence, the boxes got exchanged to which the chemicals company person handed over the expired boxes to the relative of the patient and they apprehended that expired products were used on the patient which was not true.
The counsel for the hospital stated that the patient was doing fine and had no problems and alleged that it was a tactic of the patient to extract money from the hospital and the operating surgeon.
The surgeon submitted that the implants, prosthesis, etc used for the surgery were directly provided by the M/s Standard Chemical Company Ltd. And were supplied directly to the OT to minimize the infection, he also alleged that the expiry dates of everything were checked by the family of the patient before the operation and his team had also checked the same. The surgeon in his reply also alleged that the instruments in the OT were carried in the loose carton boxes whose expiry date was past but the original stickers of the instruments used for the operation were attached to the case file. He said that the operation went uneventful and that his team had no role in supplying the boxes to the patient and his family. The surgeon alleged that the patient apprehended that expired products were used on him and would cause him harm but he was in good medical condition and was doing his daily activities normally.
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Hearing both sides and after the evidence from the accused hospital and operating surgeon, the court made some observations and noted down that the hospital and the surgeon were shifting the responsibilities on each other and the statements of the surgeon were contradictory in two paras in the statement submitted by him the court.
Thus, the court observed that there was a deficiency in the service and medical negligence and unfair trade practice on the part of both the hospital and the surgeon and hence, directed them to pay Rs 70,000/- jointly in total as compensation for harassment and mental agony caused to the patient and as the cost of litigation within 30 days of the order.
"They cannot be escaped from the liabilities by shifting the responsibilities to the doctor and his team. So, by not replying the letter of the complainant received on 15.05.2018 by the OP-1 and by not taking proper steps in clarifying the allegation leveled against them the OP-1 has definitely committed deficiency in service."
"So, is the case of OP-2 also who has not performed his role in a befitting manner knowingly fully well of the protocol of the hospital and has not taken any effective step to satisfy the patient party about their doubt of the expired medicine and also did not take the effective steps in the matter of return of medicine and materials used in the OT as well."
"In view of the above observation, we are of the opinion that the deficiency in service, medical negligences and unfair trade practice on the part of the OP-1 and OP-2 are established. That the complaint case be and the same is allowed on contest against the OPs with the following directions.1. The OPs 1 and 2 are directed to pay jointly and severally a sum of Rs. 50,000/- as compensation to the complainant towards harassment and mental agony. 2. The OPs 1 and 2 are also directed to pay jointly and severally a sum of Rs. 20,000/- as litigation cost."
To read the judgment, click below:
https://medicaldialogues.in/pdf_upload/kolkata-medical-negligence-191609.pdf
