Delivering patient care in accordance with accepted medical practice is a sure way of avoiding medical negligence, irrespective of the outcome of medical treatment.
Irrefutable Facts
A toddler, suffering from congenital heart disease, underwent Ventricular Septal Defect (VSD) closure and Patent Ductus Arteriosis (PDA) interruption at the hospital. It was performed by the cardiac surgeon.
After a week, the patient developed fever. The paediatrician examined her and advised certain investigations. She was suspected of having cerebral malaria with enteric fever. Therefore, on the next day, she was shifted to another hospital for specialized paediatric ICU management where requisite investigations were performed, typhoid and malaria were confirmed, the patient was treated accordingly and discharged after three days.
Patient’s parents sued the doctors and hospital, alleged that due to negligence of hospital during cardiac surgery and post-operative period, the patient developed complications like cerebral malaria, kidney failure, and hepatitis.
Doctor’s Plea
The hospital and doctors stated in defence that cardiac surgery was uneventful, and subsequent development of malaria was not related to cardiac surgery.
Court’s Observations
The court relied on the opinion of medical experts, who stated that the patient was adequately investigated before surgery, the surgery was performed, and malaria was treated as per standard medical protocol.
The court, therefore, held that there was no negligence in this case.
Prevention Is Better Than Cure
Follow the ‘accepted medical practice’ in each and every aspect of patient management. Advising appropriate investigations, consulting other specialities, transferring the patient to another facility for better care, and so on must be done when indicated and that too without any delay. The aforementioned must also be documented in the medical records.
Source : Baby Shaistha v/s M/s. Wockhardt Heart Centre & Ors.
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