When implant size becomes a legal issue
Issue -
December - 2025, Posted On: 01 December 2025
After a road accident, a woman was admitted to a private hospital where surgery was performed on her fractured left leg. A rod was implanted in the tibia to stabilize the bone, and she was discharged after a few days. But severe pain persisted. A follow-up X-ray taken at another hospital revealed that the rod fixed during the first operation was larger than required. She also later tested positive for Hepatitis C and alleged that the infection resulted from unsterile surgical instruments.
The patient claimed that the surgery was negligently performed by the owner of the hospital, who was not a qualified orthopaedic surgeon. She underwent a second operation to remove and replace the oversized rod, incurring further expenses and continuing pain. She sought compensation for medical costs, mental harassment, and future treatment.
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