Medical negligence has become a worldwide phenomenon and the greatest challenge in the healthcare delivery system. Along with the commercialization of healthcare delivery, the incidences of negligence are also on the rise. Practitioners worldwide are expected to uphold a certain standard of care towards their patients, Unfortunately, there are instances where this professional duty is breached due to negligence or dereliction. This situation ultimately leads to what we term ‘Medical Negligence’. Medical negligence includes any act or omission by a healthcare professional that deviates from the accepted norms in the medical community leading to damage or injury to the patient.
Doctors are the personification of gods on earth, we all grew up with the same belief, but the same is under the lens, with the increasing number of cases of “Medical negligence”. As per the National Library of Medicine, the yearly number of medical negligence cases in India is around 5.2 million. When it comes to death due to medical errors about 80% involve surgery. Reports suggest that most of the time the skill or the knowledge of the professionals is not in question. Instead, it is the lack of communication and coordination among team members. One of the cases was against the Manipal Hospital.
The Incident: The Anaesthesia Mishap at Manipal Hospital
The now deceased patient had at the time of filing the case claimed compensation of ₹18 lakh for medical negligence during the faulty operation on his left lung. The same resulted in a paralysis of his left vocal cord. A district consumer forum had suo motu arrived at a figure of ₹5,00,000 without stating reasons, and the same was upheld by the National Consumer District Redressal Commission. Then the widow of the deceased, to move to the apex court. The top court opined that rightful compensation had not been paid, given the facts and circumstances of the case.
The Supreme Court recently awarded ₹10 lakh compensation to the widow of a deceased whose voice turned hoarse after a trainee doctor at Bengaluru’s Manipal Hospital had administered anaesthesia to him. (J Douglas Luiz v. Manipal Hospital)
A Bench of Justices Hima Kohli and Ahsanuddin Amanullah stated that the head of the department should have been the one administering the anaesthesia to the patient.
“Mere reliance on medical literature would not be sufficient to exonerate the Hospital from its duty of ensuring that the Head of the Department, Anaesthesia ought to have inserted the Double Lumen Tube. Instead, he was not available and the task was delegated to a trainee anaesthetist,” the Court observed.
Other Past Incidents reported from Hospitals include
- Medical Negligence in Botched Surgeries, Mumbai (2019), In 2019, multiple cases of medical negligence were reported in Mumbai, where patients suffered from botched surgeries and incorrect medical procedures. These cases involved instances of wrong-site surgeries, incorrect medication administration, and surgical errors due to negligence on the part of healthcare professionals
- Baby Swap Case, Mangaluru (2019), In 2019, a shocking case of medical negligence came to light in Mangaluru, Karnataka, where a newborn baby was mistakenly swapped with another baby by hospital staff. The error was discovered when the parents noticed discrepancies in the baby’s appearance and demanded a DNA test, which confirmed the swap. The incident raised concerns about the lack of proper identification and tracking protocols in hospitals
- Medical Negligence in Eye Surgeries, Uttar Pradesh (2018) In 2018, a series of incidents involving medical negligence were reported in Uttar Pradesh, where patients undergoing cataract surgeries suffered complications due to unsterile surgical equipment and improper procedures. Several patients lost their eyesight or experienced severe infections as a result of the negligence.
- Max Hospital Case, Delhi (2017), In November 2017, a case of medical negligence came to light when a premature newborn baby was declared dead along with his stillborn twin at Max Hospital in Delhi. The parents discovered that the baby was alive while they were on their way to perform the last rites. The hospital was accused of medical negligence for wrongly declaring the newborn dead. An investigation revealed lapses in the hospital’s protocols, leading to the termination of the hospital’s licences for a few months and a significant public outcry.
5. Fortis Hospital Case, Gurugram (2017), In 2017, Fortis Hospital in Gurugram (formerly Gurgaon) came under scrutiny when a seven-year-old girl suffering from dengue fever died after being treated at the hospital. The family alleged medical negligence and overcharging by the hospital. An investigation revealed lapses in the girl’s treatment, including unnecessary medical interventions and overbilling.
6. Medical Negligence at Apollo Hospitals Chennai (2015), In 2015, a case of medical negligence was reported at Apollo Hospitals in Chennai when a woman underwent surgery to remove a tumour from her brain. Post-surgery, the patient experienced severe pain and was unable to move her limbs. It was later discovered that a surgical sponge had been left inside her brain during the procedure. The hospital faced criticism for its negligence and lack of proper surgical protocols.
7. Sterilisation Camp Tragedy, Chhattisgarh (2014) In November 2014, a sterilisation camp organised by the government in Chhattisgarh resulted in the deaths of 13 women and severe complications for dozens of others. The incident shed light on the inadequate infrastructure, lack of proper medical facilities, and negligence in conducting mass sterilisation surgeries in India’s public health system.
8. Kolkata AMRI Hospital Fire Tragedy (2011), In December 2011, a devastating fire broke out at the AMRI Hospital in Kolkata, claiming the lives of 91 people, including patients and hospital staff. The fire was caused by negligence in adhering to fire safety regulations, including the absence of proper fire exits and firefighting equipment. The incident highlighted the importance of stringent safety measures in healthcare facilities to prevent such tragedies.
Other than the above-mentioned cases, there are hundreds of cases being reported from various states and many cases that went unreported. There are many influencing factors, hence it is essential to inspect both the actions and standards of responsibility from both the doctor’s and patient’s perspectives while deciding cases of medical malpractice.
In our next articles, we will highlight more issues, related to patient rights, responsibilities, and safety, A few of the serious concerns are Medication errors, Surgical errors, Diagnostic errors, healthcare-associated infections and more. Please subscribe to receive notifications for the articles.
References:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2354282
https://jamanetwork.com/journals/jama/fullarticle/2770929
https://www.barandbench.com/news/manipal-hospital-supreme-court-10-lakh-hoarse-voice-anesthesia
https://www.who.int/news-room/fact-sheets/detail/patient-safety#: