Abstract

Patient was having history of hypertension and diabetes visited the opposite party No.1: Hospital and consulted Doctor, (OP-2) who advised the Metabolic Surgery.  It was advised on the basis of weight and height of the patient. The patient’s height was 5’10” and the weight was 95 kg., but, it was not so abnormal. 

Accordingly, on 5.11.2013, the operation of ‘Gastric bypass’ was performed in OP-1/Hospital.  Patient was discharged on 9.11.2013.  After discharge patient did not get complete relief but started feeling uneasiness.  The opposite party assured that patient will be recovered fully within a span of time. 

Thereafter, in January, 2014, the patient had developed Diabetic foot and deep burns.  The treating doctor (OP-2) advised for daily dressing and medicines but ultimately on 20.8.2015 his foot was amputated in DMC Hospital, Ludhiana, subsequently, patient died on 16.9.2015. 

NCDRC quoted the observations of Hon’ble Supreme Court in the case of Jacob Mathews Case, (2005)6 SCC 1, which read thus:

“When  a  patient  dies  or  suffers  some  mishap,  there  is  a  tendency  to  blame  the  doctor  for  this.   Things have gone wrong and, therefore, somebody must be punished for it. However, it is well known that even the best professionals, what to say of the average professional, sometimes have failures. A lawyer cannot win every  case  in  his  professional  career but surely  he  cannot be  penalized for  losing  a  case  provided  he appeared in it and made his submissions.” [Para 8]

Relying on above judgment of Hon’ble Supreme Court of India NCDRC summarized that therefore, blaming OP-2 necessarily for the patient’s diabetic foot is not correct.  Thus, the appeal was dismissed on the point of limitation as well as on merits.