INTERESTING CASES

The ‘Bolam’ test electro convulsive therapy 

Alleged removal of testes

Stricture urethra

Removal of testes

Prostate biopsy

Amputation of penisTorsion Testis

Chronic Renal Failure

Prostate biopsyIn the case of Pyare Lal Verma v. Dr. A.K. Gupta & Ors. The complainant, aged 72 years was advised surgery enlarged prostate by the opposite party. He was referred to Dr. Neeraj Nagpal, MD to opine about fitness to undergo surgery, who however, after necessary tests opined that there was no active contraindication for TUR surgery. After surgery, the prostate gland pieces removed were sent for biopsy report to Dr. Mrs. B.K. Aikat, who stated that there was benign hyperplasia of the prostate and no malignancy was seen. Subsequently, the complainant developed complications and after 6 months during review of the biopsy slides at the PGI it was discovered that the prostate was cancerous.

The Commission held that there is nothing whatsoever to indicate Dr. Nagpal’s pre-operative opinion was palpably wrong or patently negligent. It was also conceded before the Commission that there inevitably would be chemical changes in the slides by the mere passage of time and dependent on the manner and method by which they were preserved, if at all. The Commission also held that a variation of exert medical opinion cannot be labeled as negligence.

Amputation of penisIn the case of C. Sivakumat v. Dr. Jalin Arthur & Anr the complainant, a 23 years old boy approached Dr. John for blockage in passage or urine (phimotic penis) who took him another clinic for operation. After the operation there was over-bleeding from the penis and ultimately he had to admitted to Jipmer Hospital. The hospital authorities reported the matter to the police. Here he came to know that his penis had been cut off (amputated) and only a small stump had been left, and he was passing urine only through an artificial hole made at Jipmer Hospital. He, in the process, had become permanently impotent.

Compensation of Rs.8lakhs was awarded to be paid by the first opposite party.

Torsion TestisNegligence in diagnosis and treatment of a case of torsion testis as ‘orchitis leading to gangrene of the testis. The commission held that mistaking torsion for orchitis in itself does not constitute negligence because the symptoms of the two mimic each other. There was also evidence that the patient was suffering from the disease for 4 to 5 days prior to admission and as such performing surgery would still not have save the testis. The complaint was dismissed.

Chronic Renal Failure

Alleged negligence in a case of chronic renal failure requiring kidney transplantation who has infection in thigh at the site of veinflon insertion through which dialysis was repeatedly being performed. There was an arteriovenous fistula formation and gangrene leading to amputation of the leg and later death. The opposite did not appear in court. Allegations made by the complainant were duly supported by the sworn affidavit of the expert witness Dr. Prakash Tathed who has an extensive experience in this field. A compensation of Rupees two lakhs was allowed.