Facts of the Case:
On 04.12.2006, the Complainant's son Shivram Prasad (the ‘patient’), aged about 27 years sustained fracture of left leg (femur) due to fall. He took initial treatment in the local hospital at Vishakhapatnam and thereafter, on 06.12.2006, he was taken to Hyderabad and at 9 a.m., was admitted in Kamineni Hospital (the ‘O.P.No.1’). There an Orthopedic Surgeon Dr. J.V.S. Vidyasagar (‘O.P.No.2’) examined the patient. The investigation Arterial Blood Gas (ABG) revealed hypoxia.
Alleged Medical Negligence:
· It was alleged that the patient was operated hurriedly on the next day (07.12.2006) without informed consent. Postoperatively the patient was kept on ventilator support.
· It was further alleged that the doctors and nurses did not attend him regularly despite pain and suffering.
· The treating doctors after 3 days informed the Complainant about good recovery of his son. On 12.12.2006, all of sudden at about 5 p.m., the doctors informed the Complainant about death of his son at 4 p.m.
· The Complainant further alleged that despite requests the Hospital did not issue entire medical record.
· Issues involved and Discussed: Act of Omission, Act of Commission, Vicarious Liability, Informed Consent, Compensation, Time in disposal of case, Expert Opinion, Medical Literature, Medical Record
Questions for discussion:
· What is the ‘Act of Omission’ in this case and on whose part?
· What is the ‘Act of Commission’ in this case and on whose part?
· What is the impact of the Doctrine of ‘Vicarious Liability’ of Hospital?
· What is the impact of non-impleadment of necessary party in a case?
· What is the impact of doing operation without informed consent of competent party?
· What is the impact of delay in disposal of final case?
· What is relevance of medical evidence, medical expert opinion and medical literature?
· What is the appropriate compensation and the ‘interest of justice’?
References:
· Death due to Fat Embolism after ILN Fixation of Fracture Femur: A Case of Medical Negligence: NCDRC. https://www.researchgate.net/publication/364657769_Death_due_to_Fat_Embolism_after_ILN_Fixation_of_Fracture_Femur_A_Case_of_Medical_Negligence_NCDRC
· Hospital Vicariously Liable for Medical Negligence, held NCDRC, Endorsed by the Supreme Court of India. https://www.researchgate.net/publication/391151318_Hospital_Vicariously_Liable_for_Medical_Negligence_held_NCDRC_Endorsed_by_the_Supreme_Court_of_India
1. Act of Omission:
Failure to monitor the patient post-surgery and failure to provide full medical records.
Responsible: Hospital staff and administration.
2. Act of Commission:
Allegedly conducting surgery too soon despite hypoxia.
Responsible: Operating surgeon and surgical team.
3. Impact of Vicarious Liability:
Hospital can be held liable for negligence of its employees—only if individual negligence is proven.
4. Impact of Non-Impleadment:
Employer's exclusion weakens the case—limits full assessment of liability, especially if injury was work-related.
5. Impact of No Informed Consent:
Failure to get consent from competent patient breaches legal duty and can be considered negligence if harm results.
6. Impact of Delay in Case Disposal:
Causes evidence loss, prolonged trauma, and undermines justice for both parties.
7. Relevance of Medical Evidence & Experts:
Essential to distinguish known risks from negligence. Courts rely on it to make informed judgments.
8. Appropriate Compensation & Justice:
Should reflect actual loss and fairness—based on evidence, not emotion or outcome alone.
For further discussion view the attached file written by me.
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