Doc, hospital fined Rs 2 L for post-op delay

NEW DELHI: Doctors beware. The National Consumer Commission has said failure to attend to a patient after an operation or delay in giving an appointment, in case of post-operative complications, amounts to deficiency in service.
In a ruling that widens the definition of medical negligence, the commission has directed Apollo Hospital and a consultant eye surgeon, Arun Sethi, to pay Rs 2 lakh compensation to a retired Indian Revenue Service official who lost his right eye after a successful surgery.The surgeon allegedly prescribed post-operation medicines on phone and forced the patient to wait for two days before examining him due to his busy schedule.
Awarding the compensation to H S Sharma, commission president M B Shah and member Rajyalakshmi Rao said: "(Even) after an operation, surgeons are expected to devote some time to the operated patients and have regular check ups, if required on holidays too, as that is part and parcel of their duty..."
The hospital and Dr Sethi claimed Sharma developed infection in the operated eye due to his own negligence in not controlling his blood sugar.
"Considering the overall view, particularly the fact that to some extent it is contributory negligence on the part of the patient... we assess the compensation at Rs 2 lakh," said Justice Shah and Rao.
Reacting to the verdict, city doctors said though it is difficult to define negligence, post-operative care is anyway integral to the surgeon’s responsibility. They stressed the need for communication between the doctor and the patient’s family ahead of any surgery.
Dr Sanjeev Bagai, director and head of the department of paediatrics, Rockland Hospital, said, "If a patient is entrusting his/her life in the doctor’s hands, it is imperative that the doctor makes himself available at all hours to tackle any emergencies. It is also important that the family and the patient are made fully aware of the pros and cons and are clearly told about possible post-operative complications so that they are prepared."
But, Dr Bagai added, the legal system must exercise caution to avoid scaring the medical fraternity. Doctors must be sure that if they are completely honest to the profession, they won’t be pulled up.
Sharma, while seeking a compensation of Rs 1 crore, had filed reports of doctors from Sankara Nethralaya, Chennai, and AIIMS on his condition. Experts from Chennai said the operated eye had developed acute fungal infection after the operation. AIIMS doctors had to remove Sharma’s right eye to save the left one from infection.