AICL Cases 2019
Case of medical negligence dismissed against the AICL member, as the patient died due to cardiac arrest which is a natural death, merely allegations are not sufficient to prove negligence.
The complainant are the widow and daughter of deceased patient, who are praying
for adequate compensation of Rs 80,20,000/-, as they lost the patient who met an
unfortunate death due to medical negligence and deficiency in service at the OP
doctor and hospital.
The deceased patient suddenly became ill due to post rectum bleeding with neck pain, henceforth was admitted to local nearby Nursing home where after endoscopy 4 units of 0+ve blood was transfused due to continuous bleeding. And afterwards was referred to OP’s.
Where after examination patient was found to be anemic and after endoscopy for proper diagnosis patient was taken up for colonoscopy test, after reports it was informed that as there was clotting of blood at the colon with no tumor and it was advised for immediate transfusion of O+ whole blood. It has been alleged that hospital authority assured for the arrangement of O+ve blood but despite of many request and reminder the blood was not transfused to save the life of patient on time. The cause of action arose when the patient become unconscious and the blood was transfused after much delay, immediately after 5 minutes from such transfusion of blood, the patient suffered cardiac attack and was declared the patient died.
Defense of OP:
The OP treating doctor (AICL member ) filed his separate written version well guided by the medico legal experts denied the allegation and stated that patient was known case of anemia and P R bleeding with previous history of diabetes hypertension and coronary artery disease. The patient was well attended by the specialist team of doctors, as the hospital doesn’t have any blood bank of own, it has tie up with blood banks. The patient party took the responsibility for the arrangements of blood but failed. Henceforth the hospital arranged the blood and transfused, the patient expired due to cardiac arrest for which neither the Hospital Authorities nor the doctors/nurses can be blamed. There is no negligence further the Death Certificate given by the OP hospital clearly indicated that the cause of death was Gastro Intestinal Bleeding in a Post C.A.B.G. on Antiplatelet Therapy. The Death Certificate also noted the cause of death as ‘Natural.
The learned court relied on a decision of the Hon’ble National Commission in Sikha Nayak Vs. Dr. Manabesh Pramanick, reported in 2006 CTJ 662 (CP) (NCDRC) and pointed out that “a case of medical negligence has to be proved by medical expert evidence and it cannot be based on mere statements of the patient”. The complaint failed to prove any expert evidence. Hence the complaint is dismissed.