Improper consent accounts for nearly two-third of all medical negligence cases in India. It is a baffling statistic, just like this bizarre case where consent form of another hospital was used!
Irrefutable Facts
The patient was diagnosed with post subcapsular cataract OD pseudophakia OS of the right eye by the ophthalmologist at the hospital. The doctor advised and performed cataract RE with phaco multifocal RE. Post-operatively, the patient complained of severe pain and watering irritation in the operated eye.
The ophthalmologist prescribed a few medicines, but to no avail. The patient approached several other ophthalmologists and was diagnosed with pseudophakia corneal oedema and was treated for same.
The patient sued the hospital and ophthalmologist. It was alleged that the doctor intentionally did not disclose the pros and cons of the surgery and allured him to undergo the same so that he could not withdraw since it was quite expensive.
Doctor’s Plea
The ophthalmologist stated that pseudophakia corneal decompensation or corneal oedema is a common post-cataract complication which occurs due to the accumulation of fluid. It can be managed either with medicines or with corneal transplantation.
It was stated that the patient was explained about every risk involved in the surgery, and he
consented to the same. It was further stated that the patient was referred to a corneal specialist for further management, but he delayed getting treated for the said complication and instead kept roaming around from one doctor to another.
Court’s Observations
The court, on perusal of the prescriptions of the other ophthalmologists consulted by the patient, concluded that he suffered from corneal oedema, a common post-cataract complication.
The court perused consent form signed by the patient and observed that it did not bear signature of the ophthalmologist or any witness. Moreover, the consent form was of another hospital which was approached by the patient post-surgery. The court, therefore, accepted the allegation that the patient was not explained consequences of the surgery.
The hospital and ophthalmologist were held negligent.
Prevention Is Better Than Cure
- Indian doctors do not take consent seriously, although it is a significant cause of concern in cases of medical negligence. The consent form is an important evidence / document in a court of law. It must be filled with a lot of care and caution. This case illustrates the current sorry state of affairs.
- The doctor is bound to explain to the patient the pros and cons, probable risks and complications, and the other available alternatives of the proposed intervention. This is all the more necessary if the proposed intervention is expensive. This aspect must be clearly recorded in the consent form.
Source : Dr. J. K.Gupta v/s Bachittar Singh & Ors.
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