Amputation after burst perianal abscess with fournier gangrene with necrotizing fasciitis: Medical Negligence case dismissed against medical college, doctors
Haryana: Upholding the verdict of the district forum, the State Consumer Dispute Redressal Commission of Haryana has dismissed a complaint against a Medical College and its doctors alleging medical negligence wherein a patient's leg was amputated after he was diagnosed with burst perianal abscess with fournier's gangrene with necrotizing fasciitis right lower limb.
The state forum gave due importance to the report of the medical committee constituted by civil surgeons and medical experts who clearly stated that there was no evidence of medical negligence on part of treating doctors at the medical college.
The case concerns a patient who got infected with an ulcer in his right hip and he was taken to Civil Hospital, Fatehabad for the treatment. However, there was no improvement and the patient was referred to another medical college and hospital where he was admitted on 23.02.2017. The fee of Rs. 325/- per day charged from him.
In his petition, the father of the patient submitted that flesh from the legs of the patient was extracted as a sample for testing and Rs. 1700/- was received from the complainant but no bill was issued to him. He remained admitted for 8 days but no proper care was given by the facility and on account of negligence, infection in his legs increased and developed in the complete leg, he alleged.
Thereafter, the patient was referred to PGIMS at Rohtak. After examining the patient, doctors of PGI, Rohtak observed that there is a lot of negligence in the treatment given by the Medical College and infection has spread in the whole leg and the leg will have to be amputated. Hence the right leg of the patient was amputated, and he was declared as handicapped up to 90%.
This complaint filed with the district forum was resisted by the doctors and the medical college hospital. They denied charging Rs. 325, 425 and 1700/- adding that the best treatment as per Medical Science was given to the patient. They further submitted that the patient's leg was already suffering from an infection, that is why he was referred from Civil Hospital Fatehabad to the institute. The duty doctor explained to the patient and his attendant regarding the poor condition of the patient and the need for amputation but the attendant refused and requested to refer the patient to a higher centre, the doctors submitted.
After hearing both the parties, the District Consumer Disputes Redressal Commission, Hisar dismissed the complaint.
Feeling aggrieved therefrom, the complainant approached the state consumer redressal forum citing that the District Forum's order is illegal and liable to be set aside because medical negligence on the part of the opposite parties is clear. The counsel for the petitioners further added that the doctors should not have admitted the patient for treatment if the disease could not be controlled and treated by the doctors concerned. The counsel submitted that no medical facilities were available in the hospital for the treatment of the patient, moreover, the patient was treated by junior inexperienced doctors which amount to medical negligence. It was further alleged that no receipt was issued for charging medicines and conveyance charges etc.
The state commission observed that the report of the Enquiry Committee/Medical Board constituted by Civil Surgeon, Civil Hospital, Hisar reveals that patient was admitted to the emergency ward on 23.02.2017 with diagnosis of burst perianal abscess with fournier's gangrene with necrotizing fasciitis right lower limb. The diagnosis shows that the condition of the patient was not good when he was admitted to the respondent health facility. Since the condition of the patient was not improving and as per medical record and inquiry report, attendants were advised for amputation of the lower limb of the patient but they did not agree to remove the necrosed part.
The commission further observed that although, it is alleged that doctors at PGIMS, Rohtak told the complainant that there was medical negligence in the treatment of a patient at the medical college but there is no iota of evidence in support of this allegation. The medical committee's report also did not mention evidence of medical negligence on the part of treating doctors.
Dismissing the complaint, the court further stated,
Similarly, there is no evidence present on the record to prove the allegation that opposite party No. 1 had charged an excessive amount for treatment without issuing any receipt... In the absence of any parallel/contrary evidence against the report of the Enquiry Committee/Medical Board of expert doctors of Civil Hospital, Hisar, there is no reason to disagree with the said report of the Committee. we do not find any illegality or perversity in the impugned order passed by the learned District Forum while dismissing the complaint. Thus, the present appeal is dismissed.
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