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Consent not must for lifesaving surgery, says consumer body

The surgeon stated that the operation was an emergency and one of lifesaving nature, it was not possible to inform and seek consent for the same

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The State Consumer Disputes Redressal Commission (SCDRC) has said that consent for alternative operation measures is sufficient, and separate informed consent not taken at a time of emergency or lifesaving surgery does not tantamount to medical negligence. A patient and her husband had filed a complaint against doctors, trustees and the hospital alleging medical negligence on their part for not taking informed consent before an operation and keeping the patient's relative uninformed.

Chandrakala Shrikant Orpe, Matunga resident filed a comlaint with the SCDRC seeking compensation from surgeon, doctors, and trustees of SL Raheja Hospital, Mahim.

In her complaint, Chandrakala stated that she underwent modified radical mastectomy operation. It was decided to implant chemotherapy port, for which an operation was to be done. During placement of the port there was injury on the right side of subclavian vein. Without informing the patient's husband who is also a doctor, the surgery of right sided thoracotomy was performed.

The patient and her husband alleged that this was negligence on part of the doctors. The complaint further stated that the behaviour of the hospital staff post operation was laid back and in turn they were handed over heavy bill. The patient also submitted to the commission that the chemotherapy port inserted got infected and had to be removed.

A complaint was filed under section-17 of the Consumer Protection Act 1986. They have also claimed compensation of Rs 25 lakh for mental and physical torture and agony, along with 18 per cent interest per annum from the date of filing of complaint.

The surgeon stated that the operation was an emergency and one of lifesaving nature, it was not possible to inform and seek consent for the same.

In their order pronounced on May 2, 2019 and uploaded on May 13, Usha Thakre, presiding judicial member and Dr SK Kakade, said that the doctor did not waste "time in seeking informed consent and by performing right thoracotomy- repair of the injured right subclavian vein, the life of patient was saved".

The judiciary while turning down the complaint further stated that the Medical Council of India, New Delhi too upheld the decision of Maharashtra Medical Council that the doctors followed the right procedure.

THE SITUATION

  • The surgeon said the operation was an emergency and of lifesaving nature
     
  • It was not possible for doctors to inform and seek consent for the same 
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