The MedLegal Times

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Hospital denies leaving gauze piece, court asks how else did it ‘enter’ patient’s leg!
Posted On: June 01, 2025

The patient’s thigh bone was broken in a freak tractor accident. The surgeon performed ORIF procedure at the hospital, and discharged the patient after twenty days.

Three months later, the patient approached the doctor at the hospital with complain of pus oozing from the operated site. The doctor advised X-ray and culture of the pus, and subsequently a re-surgery.

The hospital gave an estimate of INR 50,000 for re-surgery, for which the patient expressed his inability. He consulted another surgeon who performed the surgery. Surprisingly, a gauze piece was removed from the operated thigh!
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Improper insertion of Ryle’s tube – Medical negligence
Posted On: June 01, 2025

It was the year 1997. The patient experienced persistent pain in his throat. He consulted an ENT specialist. The doctor diagnosed stage IV throat cancer. A surgery was performed to remove the tumour. The patient breathed a sigh of relief as the surgery was successful. He continued to follow up with the doctor for check-up and treatment.

Fast-forward to the year 2006. The patient consulted the ENT doctor as he experienced difficulties in swallowing, and suffered stomach pain. The doctor performed endoscopic dilation and discharged the patient same day. While the patient defeated cancer, it seemed that fate had other complications in store.

The patient suffered oesophageal perforation. Four other complicated surgeries were performed, but the patient’s condition had become severe. He continued to be on critical care support.
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Negligence by external parties does not absolve doctor from his / her responsibility
Posted On: June 01, 2025

Can doctors be held accountable for contributory negligence by patients / attendants? Not usually, unless they also do not do what this doctor did not in this case.

A seventy-year-old woman’s left leg was fractured. The orthopaedic surgeon performed an operation, and implanted a plate. About a week or so thereafter, the patient experienced swelling and discomfort in the leg. The doctor prescribed painkiller and other medicines.

Around eight months later, the patient complained of persistent pain. The doctor, yet again, prescribed medicines. Nearly a year after the surgery, yet another operation was performed as the inserted plate had broken. Blood was transfused during this second surgery.

The patient suffered severe post-operative complications. She slipped into coma; hence, she was referred to another hospital where she died about two months after the second surgery.
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Ophthalmologist shown his mistake by the court
Posted On: June 01, 2025

The patient, a professional foreman, visited the ophthalmologist with complains of redness and irritation in the right eye. A foreign particle had entered the eye while working. The doctor prescribed medicines, but to no avail.

The irritation and redness persisted; hence, the patient consulted the doctor after about ten days. The doctor, once again, prescribed medicines. There was no improvement. The patient followed up for the third time, the doctor prescribed medicines again. The condition of patient’s eye kept worsening.

The patient consulted another doctor who advised him to consult a reputed national hospital. CT scan and X-ray were performed at this hospital – a foreign object, measuring 4mm x 2.7mm, was reported stuck in the right eye.
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Presence of non-essential personnel in OT – Exercise caution!
Posted On: June 01, 2025

This case shares unique learnings for doctors and hospitals, specifically with regards to presence of non-essential ‘doctors / personnel’ in the OT.

The patient was diagnosed with chyluria. The surgeon performed an operation to address this issue. At the time of operation, along with the surgical team, the doctor’s wife – a gynaecologist – was also present in the OT.

Post-operatively, the patient suffered complications. He followed up with the surgeon, but to no avail. The patient consulted another doctor, and despite receiving treatment for a year, there was no improvement in his condition.

The patient consulted two other hospitals, where USG of whole abdomen was performed. The test reported that the right kidney was ‘not visualized’. The patient misunderstood this finding. Suspecting that the surgeon had removed the kidney during surgery, in ‘connivance with his wife’, he dragged the doctor couple to the court.
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