NCDRC clears 6 docs of negligence charge
MUMBAI: The family of an orthopaedic surgeon who died during a live demonstration at an arthroscopy medical conference in Belgaum, Karnataka, 11 years ago, will move the Supreme Court challenging the order of National Consumer Disputes Redressal Commission (NCDRC) dismissing their complaint of medical negligence against five doctors, including those who had organized the conference, and were to perform the key-hole surgery on the deceased.
On January 1, 11 years after Dr Sunil Yadav, a surgeon and head of the orthopaedics department at Bharati Vidyapeeth Medical College and Hospital, Sangli, died on the operating theatre at a medical conference — and the doctor who administered anaesthesia to Yadav died by suicide later the same day — the National Consumer Disputes Redressal Commission (NCDRC) cleared six doctors on charges of medical negligence.
Rajshekhar Yadav, a medical doctor and Yadav’s brother said his father will move the Supreme Court to challenge the NCDRC order. Dr Rajshekhar, who practices as an IVF specialist in Navi Mumbai, refused to comment on the NCDRC order.
“The four ‘Ds’ of medical negligence are duty, dereliction (breach), direct cause (causa causens) and damages. Each of these four elements must be proved to have been present, based on a preponderance of the evidence, for negligence to be found. Nevertheless, a simple lack of care, an error of judgment or an accident is not proof of negligence on the part of the doctor. So long as the doctors follow a practice acceptable to the profession on that day he can’t be held liable for negligence merely because a better alternative course of treatment was available or a more skilled doctor would not have chosen to follow or resort to that practice which the accused followed,” NCDRC presiding member Dr SM Kantikar said in the ruling.
The complaint was filed by Keshavrao Yadav, the septuagenarian father of the deceased, against five doctors including Dr JVS Vidyasagar, an expert in arthroscopy, who was to perform surgery on Yadav, Dr Anil Patil, an orthopaedic surgeon from Belgaum, Dr Subhash Patil and Dr Sanjeev Patil, both associated with Yash Hospital, the venue of the conference, and Dr Gunjal, an anaesthetist with Yash Hospital.
On June 6, 2009, Yadav had attended the Continuous Medical Education (CME) conference organised by Karnataka Orthopaedic Association in Belgaum.
He was to undergo an arthroscopy (a keyhole surgery performed to minimize invasive procedures) on his left knee by Hyderbad-based expert Vidyasagar. The surgery was to be demonstrated live for benefit of the attending surgeons.
Dr Vivek Sawant administered the anaesthesia during the surgery. However, soon after, Yadav had a cardiac arrest. Efforts were made to save him, and Yadav died while being shifted to another hospital.
Sawant died by suicide later in the day.
Keshavrao had moved the NCDRC in 2011 claiming that he lost his son due to negligence on part of some the orthopaedic surgeons and doctors at Yash Hospital in Belgaum. Yadav’s family demanded compensation of Rs 3 crore stating they had suffered irreparable loss and mental agony because of this negligence.
The hospital did not conduct any pre-anaesthesia fitness test on Yadav, they did not verify Sawant’s qualifications and whether he had the right to work in Karnataka, and that the operating theatre was not well equipped to revive Yadav.
The doctors contended that the complaint under provisions of the Consumer Protection Act, 1986 was not maintainable, as no service was rendered by charging any fees to the deceased. They further added that the operating procedure had not even begun and the anaesthesia was administered by Sawant, an anaesthetist close to Yadav. “The sudden death of Dr Sunil Yadav due to massive cardiac arrest after administration of anaesthesia was an unexpected and unfortunate incident,” they maintained, asserting that no negligence could be attributed to the visiting orthopaedic surgeons and doctors attached to Yash Hospital. NCDRC accepted their contention, noting that patient’s pre-surgery reports like Hemogram, Biochemical and Electrocardiogram done at his workplace were necessary for pre-anaesthetic check-up and fitness, and the reports were within normal limit.
However, after administration of anaesthesia, the patient had a massive heart attack, and the doctors in operation theatre did their best to save the patient by starting cardiac resuscitation, but the patient could not be saved.
“In my view, the team of Orthopedic Surgeons (Opposite parties) cannot be attributed to negligence as their role did not commence at all. In this context, I do not find any deviation from the standard of practice from the doctors in the OT who immediately initiated cardiac resuscitation and despite all efforts, the patient could not survive,” Kantikar said.