‘Failed surgery does not amount to negligence’

They had demanded Rs 5 lakh as compensation,a refund of the Rs 6 lakh spent on treatment as well as Rs 8 lakh for loss of dependency.

Paramjit Singh,a practising advocate at Haldwani,was diagnosed to be suffering from Cholelithiasis (stone in the gall bladder) in June 2006 after he reported loss of appetite and frequent vomiting.

Paramjit was admitted in hospital and his gall bladder was removed in an operation on July 3,2006. After the surgery,the gall bladder was sent to the pathology laboratory for testing.

The family members alleged that they were kept in the dark about the pathology report for many days. Finally,it came to light that no stone was recovered from the gall bladder.

According to the complainants,the diagnosis was absolutely wrong and there was no necessity for operating on Singh.

“The gall bladder is attached to the liver and both the organs work in tandem. As the patient was already suffering from liver dysfunction,the removal of the gall bladder only worsened his condition,” the complaint states.

In its reply,GMCH stated that the deceased was suffering from appetite loss and had been consuming alcohol daily for the last 20 years.

Further,the patient had produced an ultrasound report,dated June 3,2006,from Haldwani which clearly showed that the patient had Cholelithiasis. “So the provisional diagnosis of gall bladder disease was made and Paramjit Singh was advised certain tests like haemoglobin test,TLC,DLC,ESR,Chest X-Ray,Liver Function tests,S Alkaline Phosphatase,to confirm the disease,” stated the hospital.

“Two pre-operative ultrasounds — one brought by the patient himself from Haldwani and done by a qualified radiologist and former consultant of St Stephens Hospital,New Delhi,and another from GMCH — showed cholelithiasis,cholecystitis,polyposis,choleterosis,all pointing towards the fact that the gall bladder was pathological,” stated GMCH in its reply.

After hearing both the sides,the forum dismissed the complaint stating,“From the evidence placed on record,it is proved that all the necessary tests for diagnosis of the disease suffered by Paramjit Singh were conducted and it was found that the operation was the only remedy to save his life. The mere fact that the operation was not successful does not prove negligence on the part of the hospital.”