Hospital is perhaps one of those very few important institutions where slightest of delay or a relaxed approach could be the difference between life and death. Courts do not take such instances lightly, as is seen in this case.
Irrefutable Facts
The patient sustained fracture in left leg in a road traffic accident. He was admitted to the hospital under the care of orthopaedic surgeon.
The patient was kept on traction for 3 days. He complained of chest pain and breathing problem during this period. Investigations revealed fat embolism.
After a few days, the patient’s condition worsened, and was advised immediate ventilation. However, as the ventilator facility was not available in the hospital, the patient had to be shifted to another hospital where he died.
His family sued the hospital alleging that the doctors at the hospital neglected patient’s complaints and continued traction instead of performing an intervention on time. This delay fatally worsened his condition.
It was further alleged that due to non-availability of ventilator facility, the patient could not be immediately put on the ventilator and had to be shifted to another hospital, further worsening his condition.
Hospital’s Plea
The hospital stated in defence that only 4 out of 19 ventilators were working, but were occupied by other critical patients. It was further pointed out that installing 15 other ventilators in a particular area required time and technical manpower from the engineering department, which was unavailable.
Court’s Observations
The court perused medical records and found that the patient was stable at the time of admission, but conservative management instead of active surgical intervention led to a fat embolism and transfer to another hospital. The court observed that this decreased the chances of survival and drew an adverse inference against the hospital.
The court also observed that despite being a major government institution, the hospital failed to deliver specialized care to needy patients. The court further observed that keeping 15 ventilators in store without putting them to effective use was “glaring administrative negligence”.
Hence, court held the hospital negligent.
Prevention Is Better Than Cure
Healthcare is not on the priority list of our nation. Inadequate allotment of funds by the government is only one part of the problem. Not using the funds properly is the more significant part of the same problem, especially in government institutions, hospitals and facilities. This case is an eye-opener.
Source : Govt. Medical College & Hospital v/s Indira Sharma & Anr.
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