Spinal anesthesia is an alternative to a general anesthesia and can be used for most operations below the waist. A spinal anesthesia is performed by an anesthetist. Anaesthesiology is a high risk specialty. Giving spinal anesthesia to own patient by a surgeon can result into medical negligence in peculiar situation when death occurs in Operation theatre.  The opposite party surgeon on one hand administered the anesthesia at his own without calling for the services of an anesthetist at the same time it did not have sufficient damage control measures available at its nursing home.

This paper deals with a case where surgeon was held guilty of not using reasonable degree of care and awarded rupees twenty lakh as compensation for death of patient. Lack of medical record and fabrication of second medical board and supporting medical literature was reason for guilt of surgeon.

Following questions discussed in this case:

What constitute medical negligence on the part of the surgeon? What quantity was to be administered? What actually was administered? Whether the second medical board was constituted at the instance of doctor surgeon, who was an accused? What influenced the Superintendent of Police to make a request to the Joint Director, Medical and Health Department for constituting a second medical board after ONE YEAR? Why the investigation was kept pending for one year? Why the investigation was kept pending for one year? Who was in a position to exercise influence on the police?  What record of patient was sent to second medical board? Why first medical board opinion was not taken into consideration?