A rising number of doctors and hospitals are facing the heat of medical negligence. While many cases of such alleged negligence are false and unfounded, quite a few cases are occurring due to lack of proper care and practice by healthcare providers. This is one such example.

This is a bizarre case and an incident that reeks carelessness. It is not a story of medical negligence but negligence at a hospital nevertheless.

The honourable Supreme Court’s ruling on free service is abundantly clear: Service rendered at a government hospital / health centre / dispensary where services are rendered on payment of charges and also rendered free of charge to other persons availing such services would fall within the ambit of the expression service.

Despite this ruling, it is surprising why some doctors and hospitals who provide free service and when face a case of medical negligence, would present in their defence that since they provide free service, they cannot be held for medical negligence. Obviously, the courts do not heed to such statements as this case demonstrates.

Rinki was pregnant and was taken to Nipun hospital for the delivery of her baby. A C-section was performed by Dr. Puneeta and a healthy baby girl was delivered.

The new mother was quite excited at the prospect of raising the new born and was expecting to be discharged from the hospital shortly. But that was not to be. The vigo inserted in the wrist of her left hand caused swelling.

Nibaran had complain of pain in the abdomen and hence approached Dr. Das who performed endoscopy and diagnosed gastro outlet obstruction. The doctor advised posterior Isoperistaltic gastro ileostomy which was performed by him at the nursing home.

Following a standard protocol during treatment is what’s expected from healthcare providers. While courts do accept that medicine is not an exact science, not following the known practice is viewed adversely.