medical negligence
the commission said, “A doctor is not liable merely because the treatment did not produce the desired result; liability arises where the doctor lacks the requisite skill or fails to exercise reasonable competence.” While awarding compensation with 8% interest.
The doctor and hospital denied negligence, saying Parmar had been examined and treated according to prevailing medical practice and that reasonable care, skill and diligence had been exercised. As his condition deteriorated, Parmar was shifted to another hospital, where he underwent another surgery. Parmar died a week later. He argued that the death resulted directly from negligent treatment and improper management during the hernia surgery. Shah also pointed to an FIR against the doctor under Section 304A of the IPC for causing death by negligence, as well as the Medical Council of India’s (MCI) decision to restrain Dr Raja from practising medicine for one year. The insurer also denied liability, citing non-compliance with policy conditions.
Doctors found that his intestine had been perforated during the earlier procedure, causing leakage, pus formation and peritonitis.
Ahmedabad: A hernia operation that was expected to take just 15 minutes stretched for over two hours, ending with an intestinal perforation, peritonitis and, a week later, the death of a 58-year-old Surat man. Gujarat State Consumer Dispute Redressal Commission has now directed the doctor and hospital involved to pay Rs 65.5 lakh to his family, with 8% interest. Surat resident Hetendra Parmar was admitted to Aaram Hospital on Feb 20, 2016, for hernia surgery performed by Dr Jitendra Raja.
After the procedure, Parmar suffered excruciating abdominal pain, vomiting and swelling. Despite complaints, Dr Raja allegedly failed to properly investigate his condition.