NCDRC holds "NO NEGLIGENCE" in Lumbar Spinal Surgery

9 Mar 2023 • The National Consumer Dispute Redressal Commission has granted relief to a neurosurgeon and a hospital in Patna by clearing them of the accusations of malpractice during a spinal surgery. The court rejected the claim, concluding that the neurosurgeon and the hospital provided adequate treatment for the patient and that there was no negligence or service failure. After the patient tragically died in 2006, a lawsuit was brought for Rs 3.48 crore in damages. According to the allegations, there was a 22-hour delay between the patient's initial surgical intervention and the patient's irreversible deterioration, which prevented the patient from being saved. So, the aggrieved party filed a complaint with the NCDRC alleging medical malpractice and requested Rs 3.48 crores in damages from the hospital and neurosurgeon. The hospital and the neurosurgeon refuted each and every accusation. They stated that the patient was admitted to the hospital after a 24-hour span had passed following the accident and was in a confused state of mind due to a history of chronic alcoholism. It was stated that the patient received attention and received reasonable care. At no stage, the attendants were assured about recovery from the critical condition. Despite all reasonable measures, the patient passed away. After hearing from both parties, the court noted that the patient was a chronic alcoholic who had slipped and received an accidental head injury. The court also noted that the attendants had been informed by the treating physicians of the prognosis and mortality of such a head injury. In addition, the court took notice of all the documentation, OT Notes, and case specifics and declared that there was no negligence throughout the preoperative, operating, or post-operative phases.

Source: Medical Dialogues | Read full story

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