HOLI CROSS HOSPITAL Vs. MANIRAM

JUDGEMENT

(1.) NONE appears for the respondent.

(2.) HEARD the learned Counsel for the petitioner. This is a case of alleged medical negligence, wherein consent was given to perform the surgery for Laparoscopic Cholecystectomy by the wife of the patient/complainant - Shri Maniram. There is no consent given by the patient though he was conscious and he was in a proper frame of mind and was eligible to give the consent. Secondly, consent given was for Laparoscopic Surgery, which results in small incisions compared to the conventional surgery which causes large incisions which results in longer time for healing. These facts are not disputed. Both the Fora below have given concurrent decisions holding that hospital was negligent in performing the surgery which resulted in the infection/puss formation and longer stay in the hospital.

(3.) THE patient was admitted to the hospital on 5.8.1997 and was operated on 6.8.1997. He was discharged from the hospital on 14.8.1997, but the complainant suffered severe pain, infection and puss formation, therefore, he was again admitted to the hospital on 17.8.1997, where he was treated for post -operative wound infection. As the infection had extended to the rib, he was discharged on 18.9.1997 after one month of treatment. Even after a month long treatment, the patient was not cured fully. Accordingly, he was treated at District Hospital, Ambikapur and remained under the treatment of Dr. Pandey who told the complainant that the rib was damaged during operation and infection has developed and referred the complainant to Dr. Pandey, who again treated the complainant on 14.10.1997 to 19.12.1997. The complainant was treated at Dhanwantari Hospital, Bhillai.