Case Law:8th July, 2018

07 July, 2018

 
SITARAM BHARTIA Institute of Science and Research v. VIDYA BHUSHAN JAIN & ORS. (NCDRC 2017)

CASE BRIEF:


In a recent case filed against Sitaram Bhartia Institute of Science and Research, New Delhi, the patient had alleged that the doctors had not taken consent of family members before inserting a catheter for central venous line procedure adding that due to their alleged negligence, the jugular artery was ruptured resulting in profuse bleeding and he had to be shifted to another hospital for treatment.

HOSPITAL CONTENTED:

The hospital ‘s defense was that the procedure of insertion of CVL in the patient’s neck was a routine procedure like giving injection and consent was not required as it was not a surgical or invasive procedure. The court however, not finding any merit in the hospital’s justification stated that putting CVL in the body of a patient could not be equated with ordinary procedure.
 
COURT HELD:

The court specified that the provision of taking consent could be overlooked only if urgent intervention was required to save the life of a patient. However, it added that there was not such urgency in the current case.
The Consumer Court holding the hospital guilty of negligence asked it to pay a compensation of Rs 7 lakh to the patient.
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