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Operation without signing consent form by patient is not negligence

Feb 29, 2020 | medicolegal |

Operation without signing consent form is not negligence

Surat Consumer Dispute Redressal Forum case no: 194/2012

Complainants: Wife, Son and Daughter of patient

1. Nursing home 2.Qualified physician 3.Qualified ENT surgeon 4. Qualified General Surgeon

Medicolegal Expert Dr. Vinesh Shah and Adv Suhel Desai Appeared before the forum on behalf of Respondent Doctor for arguing the case

Allegation by complainant:

On 31/01/2010, Patient admitted in a corporate hospital under Opponent no.2 with complaint of right sided paralysis and after thorough investigations he was diagnosed as Right CV Stroke along with Diabetic Foot and accordingly treatment started. On 06/02/2010 he was transferred to Opponent no.1 hospital which was owned by Opponent no, 2 & 3. But due to uncontrolled infection his diabetic foot was not curing and developing gangrene so he was advised for Amputation of right foot and was operated for same on 25/02/2010. Complainant allegated that Ampuation was done without consent by Opponent no. 2 & 3 who are not qualified to do Amputation which is amount to gross negligence and lodged the complaint asking compensation of Rs.18,60,000

Argument by Respondent Parties:

● Opponent no.2 was treating CV Stroke and Diabetic Foot Medically.

● Opponent no. 3 is owner of Opponent no.1 hospital jointly with Opponent no.2. Opponent no. 3 has not given any treatment to patient.

● Amputation was done by Qualified General Surgeon so Oppnent no.4 was joined as respondent no.4 afterwards and he gave Affidavit that he did Amputation of patient’s right foot.

● Patient was right handed and he has developed Right sided Paralysis due to CV stroke on 31/01/2010 for which he was admitted. On the day of operation (25/02/2010) he still had paralysis on right side so he was unable to sign the consent form. After proper counseling, his family members (complainants of this complaint) agreed for the Amputation of right foot to prevent further spreading of infection on local as well as systemic area as it might be life threatening. After understanding all consequences patient family members gave written consent for Amputation of Right foot of patient for well being of patient only. Moreover, consenting persons are adults and was able to understand what they are signing and If they felt that Amputation was not necessary, they could refuse to sign the consent form. But they realized the gravity of disease, and because of well being of the patient and inability to make sign by patient , family members signed the consent form So it is not amount to negligence

After hearing both the parties forum dismissed the complaint of complainant and gave order in favor of Opponent Doctors.

Dr. Vinesh Shah M.D(F.M),PhD(F.M),B.G.L
MedicoLegal Expert
Pixie Forensic and MedicoLegal Consultancy
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