Mrs.Shantaben Muljibhai Patel & Others vs Breach Candy Hospital & Research Centre ... on 15 October, 2004
9.
We
find herein that the respondent/Complainants husband (a patient) was diagnosed
as Cholelithiasis (Multiple Galls stones) and operated on for laparoscopic
cholecystectomy and subsequently on next day developed breathlessness and
referred to higher centre at Rama Devi Super Specialty Hospital, Tirupati
(OP-2) who in turn further referred the same case to tertiary care centre i.e.
CMC, Vellore (OP-3) where the patient undergone three operations and
subsequently died. Hence, it is absolutely clear
that the patient was at high risk and in a state of shock, was unable to
breath; there was bile leak, renal failure, coagulopathy, and severe metabolic
and respiratory acidosis. In such serious condition patient
was brought and admitted at OP-3 on 08.05.2209 and three emergency operations
were performed on 08.05.2009, 09.05.2009 and 04.06.2009. The patient was
continuously monitored which has been confirmed by the entries in the case
sheets. Therefore complainant failed to establish deficiency in service and
carelessness on the part of OP-3 in treatment and lack of standard skill and
knowledge in the line of treatment followed by OP-3. We rely on the judgment of this Commission in Shantaben Muljibhai Patel
Vs. Breach Candy Hospital reported in 1(2005) CPJ 10 NC held that if the
patient is a high risk patient and the hospital has done its best and followed
all standards of normal medical parlance and still the patient dies, it cannot
be held liable for negligence merely because the patient dies.