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Unsuccessful treatment outcome does not automatically indicate negligence
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The State Consumer Commission in this case reversed lower / trial court’s order, observing that the doctor and nursing home were negligent in treating a pregnant patient.
A teenage girl experienced severe pain in lower abdomen. She was admitted to a hospital under the care of a gynaecologist. Some medicines and injections were prescribed, but to no avail.
A hospital in this case was held negligent on the grounds of charging extra for providing oxygen to the patient who was admitted in ICCU six times in a span of about eight months.
This is perhaps one of the odd cases. A respectable and experienced pathologist grossly erred in concluding that one of his patients was HIV+.
The patient was taken to a hospital where he was diagnosed with cardiovascular and renal ailments. The doctor treated him on an OPD basis. Medicines were prescribed, but to no avail.
The patient suffered from unbearable stomach ache, and had stopped passing urine and stools. He was rushed to a hospital and was immediately admitted in ICU.
Legally speaking, a doctor is not allowed to treat a patient when the treatment is beyond his / her expertise. Even in emergencies, the doctor is supposed to provide first aid and refer the patient to relevant specialist.