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Issue Of Consent And COPRA In India

Issue Of Consent And COPRA In India

By: Dr. Mukesh Published Date: 17-06-2016 DOI : 56789 Issue Date: 01-06-2016

This is a case of alleged medical negligence against M/s. Sun Flag Hospital & Research Centre, Faridabad, the treating doctors and the staff of this hospital (opposite parties). The important issues to be decided in this case, inter alia, are as follows: Whether the opposite parties are negligent in performing surgery on the patient on 16.12.1996 without obtaining the valid consent of the patient in writing, though the deceased patient was an adult and was in a condition to give consent or otherwise for the second surgery to be performed on her? Whether the second surgery should have been taken up when it was clearly written in the case records by the treating doctor that the patient has poor tolerance to anaesthesia? Whether the opposite parties should have taken up the surgery of the second kidney within eight days of the surgery of first kidney though it was an elective surgery and not an emergency one? Whether the opposite parties should have kept the automatic ventilator ready in the operation theatre at the time of the starting of the second surgery when it was well known that the patient has poor tolerance to Anaesthesia? Whether the patient should have been examined and treated by Neurologist/Neuro surgeon who was available in the hospital when the patient went into Coma and remained in that stage for a few days and if they did not have full confidence in their own Neurologist, whether the opposite parties should have utilized the services of an expert Neurologist from another hospital? Whether the opposite parties should have kept a Cardiologist as a standby at the time of starting the surgery in view of the above stated conditions of the patient? Whether a team of Cardiologists, available in the hospital reached in time to revive the patient who had suffered cardio respiratory arrest soon after administering of anaesthesia by the Anaesthesiologist? Whether the report of the enquiry conducted by the Additional Deputy Commissioner and Magistrate can be taken into consideration for deciding the case of medical negligence? Whether the treating surgeon/ Anaesthesiologist can pass on the blame on each other when they are part of the same team of specialists/ incharge of treating the patient? Whether it was humanly possible for the Anaesthesiologist to have continuously operated the Boyle’s Apparatus for ten hours as claimed by him to ensure proper breathing by the patient without delegating this task to another Anaesthesiologist or a technician? Whether the principle of Res-Ipsa Loquitur can be applied in this case? If medical negligence is established, what is the relief if any, the complainants are entitled to?

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