“This inordinate delay in diagnosing the acute cholecystitis and managing it properly led to worsening of the condition,” the commission said on September 21, holding that the delay in treating the gallbladder inflammation amounted to medical negligence.
The commission directed the hospital and two doctors to jointly pay Rs 5 lakh to the complainant towards compensation for mental and physical agony, inclusive of litigation costs. The amount has to be paid within three months, failing which 6 per cent annual interest will apply from December 23, 2019, the date the complaint was filed, until realisation.
What happened after emergency visit
The woman was being treated for advanced breast cancer with brain metastasis and other medical conditions. When she reached the hospital emergency on January 17, 2019, she complained of abdominal pain and had mild fever. An ultrasound showed a partially distended gallbladder containing sludge, with its wall thickened and swollen, indicating acute cholecystitis. Her total leukocyte count was also recorded at 20,000.
The commission noted that these findings pointed towards infection and said further investigations and intervention should have been undertaken earlier. She went to the surgery outpatient department on January 19 and was admitted.
A Magnetic Resonance Cholangiopancreatography (MRCP) was advised on January 22. Its report, received on January 23, showed cholecystitis with a pericholecystic collection and suspected gallbladder rupture. She underwent laparoscopic cholecystectomy on January 25. The surgical findings included dense adhesions, gangrene, perforation, and an abscess. A drain was left in place because of the abscess and the condition of the gallbladder.
Story continues below this ad
The woman was readmitted on January 28 after suffering seizures and was discharged on February 8 on request. Hospital records stated that her prognosis had been explained and that the family wanted to take her home for best supportive care. She later died in hospital on February 18, 2019, due to cardio-pulmonary arrest.
No negligence in cancer treatment
The commission specifically held the hospital and two treating doctors responsible for the delay in managing the gallbladder inflammation. It said the hospital and two doctors failed to provide the standard level of care expected when the woman came to the emergency department with severe stomach pain on January 17, 2019, and were therefore guilty of medical negligence.
Three other doctors named in the complaint were absolved of negligence because the commission found no clear evidence establishing negligence against them.
The commission did not find negligence in the treatment of the woman’s advanced cancer or attribute all her subsequent complications to the hospital. A medical expert opinion obtained during the proceedings described her as suffering from terminal cancer and multiple co-morbidities.
Story continues below this ad
It recorded that she had received palliative radiotherapy for brain metastasis and concluded that treatment provided by the surgical oncologists, radiation oncologists, neurosurgeon, gastrointestinal surgeon and medical oncologist was the standard of care.
The commission also rejected the allegation that brain radiotherapy caused the gallbladder rupture, noting that the radiation was localised to the brain. It found that the anti-seizure treatment given to the patient was in accordance with medical care.
Takeaway
Patients and their families should not ignore persistent or worsening symptoms. If a hospital identifies signs of a serious infection, they can ask what further tests or treatment are needed, seek a second medical opinion when concerned, and keep copies of prescriptions, test reports and treatment records.
For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Delhi: 1800-11-4000) or call the National Consumer Helpline at 1915 for assistance.
Story continues below this ad
Do not miss out on these stories:
Man wins Rs 1 lakh consumer payout after restaurant ‘hikes’ per head buffet price
‘Emergency treatment’ claim during US visit rejected, woman wins Rs 9 lakh from insurer
Rs 2.98 lakh for foreign travel date change? Tour firm to refund Rs 5.43 lakh, pay Rs 50k
