John Doe
General SurgeonPretium saepe pariatur ornare cillum repudiandae inceptos iaculis cumque vulputate sequi neque quos exercitation aliquip interdum, veniam? Aute error, elit!
FACTS:
The deceased patient Mr. Satinder Pal Singh, weighing 95 kg, height 5.10, having history of high BP and Diabetics was advised for Metabolic Surgery by the Opponents. On 05.11.2013, the Gastric By-pass surgery was performed. However after discharge, the Patient was feeling uneasy. The Opponents did the check-up and assured that everything will be ok.
The patient later developed Diabetic foot and deep burns for which he was advised for time to time dressing but on 20.8.2015 his foot was amputated and on 16.9.2015, the patient took his last breath. The Widow of the patient filed the complaint before Punjab State Forum alleging negligence on part of doctors that the Diabetics was not controlled inspite of said surgery and thus it was the failure of surgery.
HELD:
“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.”
Thus, the appeal was dismissed on the point of limitation as well as on merits.