“No doctor will assure full recovery or give guarantee that result of surgery would be 100% cure” – National Commission
Rajesh Taneja V/s. Kaiser Hospital, Haryana.
Facts :
Case of The complainant :
1. The Complainant who had undergone Total Hip Replacement (THR) of both sides. After few years, suffered pain in the right hip and difficulty in walking and after check up, he followed the recommendation for replacement of acetabular cups, but in vain.
2.Hence he approached PGI and was advised there for another THR, but Doctors at PGI expressed before complainant that due to infection, the complainant would need extensive treatment for removal of wire.
3.Hence he arrayed the Doctors as opponents for medical negligence case thereby claiming compensation of Rs.90 lacks and alleged that The hospital had no necessary instruments, skill. It was not well equipped to perform such operations. The State Commission dismissed the complaint, hence the Appeal.
“No doctor will assure full recovery or give guarantee that result of surgery would be 100% cure” – National Commission
Doctor’s Side :
1. Hospital is modern, well equipped, having high class medical services and Drs are well qualified.The patient was already a known case of Ankylosing Spondylosis (AS) for more than 20 years and in past had undergone three surgeries in PGI before coming to opponents.
2. The operation was a complicated one. Due to AS, the spinal anaesthesia could not be administered, but it was given through tracheostomy.As the condition of hip was not satisfactory,Doctor successfully performed alternate procedure of Girdle stone arthroplasty. The patient recovered and achieved pain free hip. There was no negligence. Held : 1. The National Commission dismissed the Complaint, after perusing the entire record and after listening to arguments of the parties. 2. It observed that The AS is not completely a curable disease and that only corrective surgeries will be helpful for mobility of patient. The allegations regarding negligence during induction of anesthesia is also not sustainable, because it is always difficult to give anesthesia in such patient of AS. 3.Girdle stone is a standard procedure which can be done alternatively, where THR cannot be done and such switching to alternate procedure is not a negligence.. 4. It is known that no doctor will assure full recovery or give guarantee that result of surgery would be 100% cure. Certainly a Good judgment for you Drs..The Apex Court in number of cases has observed that Negligence cannot be attributed to a doctor, so long as he is performing his duties to the best of his ability and with due care and caution & Merely because the doctor chooses one course of action in preference to the other one available, he would not be liable, if the course of action chosen by him was acceptable to the medical profession.
“No doctor will assure full recovery or give guarantee that result of surgery would be 100% cure” – National Commission
An article by Adv. Rohit Erande Pune.
