This document summarizes a medical negligence case in India. A man named Dharmendra Sharma died after undergoing a simple kidney stone removal surgery at Max Hospital in Gurgaon, India. His brother Mahesh filed a police complaint alleging negligence by the surgeon, Dr. Sarvar Iqbal, led to Dharmendra developing infections and complications that caused his death after 76 days in the ICU. An inquiry found an early intervention could have altered the outcome. Dr. Iqbal was granted bail after being accused of botching the surgery. Mahesh was unhappy no one informed him of the court proceedings. The document also provides context on the lack of prosecution of medical negligence cases in India.
1. A Case on
Medical Negligence
Presentation by: Deep Shah
Submitted to: Sir Rajarshri Dasgupta
2. Introduction
GURGAON: Gurgaon police have booked a former doctor of
the city's Max hospital, Sarvar Iqbal, for his alleged negligence
which led to the death of 36-year-old Dharmendra Sharma last
year at the hospital. The case was filed against the doctor after
the district civil surgeon analysed the reports and held Iqbal
guilty of negligence.
The complainant, Mahesh Sharma, brother of victim
Dharmendra Sharma, claimed his brother was admitted to the
hospital for a simple kidney stone removal operation. The case,
however, got complicated due to the doctor's negligence.
3. Statement to Police
Mahesh:
"My brother, who used to live in Sector 17, was fine. He himself
drove to the hospital on April 5 for his operation.
It was a simple kidney stone removal surgery. However, he
developed complications immediately after the surgery.
Thereafter, he had to go through many surgeries and
remained in the ICU for over 76 days and ultimately died
there".
4. Statement to TOI
"After his kidney stone removal operation on April 5, he developed
complications in the form of bleeding and was shifted to the ICU on April 6.
He was again operated upon on April 7.
As his left kidney was removed after a surgery and he had multiple blood
transfusions, his condition deteriorated.
On May 9, we were shocked to know that he had contracted some
infection during the operation.
Doctors told us that there was pus in his intestine and part of his intestine
needed to be removed.
He was operated upon thrice after that and kept on ventilator support."
He died on June 20 last year.
"My father went into depression after the death of Dharmendra. Our father
also passed away last month," said Mahesh.
5. Inquiry Report
The inquiry report (a copy of which is with TOI) said, "Bleeding after
PCNL (Percutaneous Nephrolithotomy) led to complication in the
case.
An early intervention at the time of detection of first complication
could have altered the outcome in this case. Ultimately patient died
due to a series of complications."
"My brother remained in the ICU for 76 days. Doctors didn't allow us to
see him in the ICU. We then lodged a police complaint after which a
panel of doctors reviewed hospital records and found that it was the
doctor's negligence which led to infection and death," said Mahesh.
6. Steps Taken
"An FIR has been registered against the doctor.
The doctor had left the hospital about seven months ago.
We are investigating the case," said Ashok Kumar, SHO, Sector
29 police station.
A spokesperson for Max Hospital said, "We have not received
any information about an FIR against the doctor, hence cannot
comment on the case."
7. Result
Article published on 13th September, TOI
Which says…
“A former doctor of Max in Gurgaon, an accused in a case of alleged
medical negligence, was ‘granted bail’ by the court of the chief judicial
magistrate on Friday.
City-based urologist Dr. Sarvar Iqbal had been accused of botching up a
kidney stone-removal surgery which led to the death of 36-year-old
Dharmendra Sharma last year”.
8. Dr. Iqbal's lawyer said…
Dr Iqbal was reportedly absconding after an FIR was filed against him. On
Friday, he surrendered before the court.
After getting bail, Dr Iqbal's lawyer Ashwini Kumar said, "We took the defence
that the patient died because of his own negligence and not the carelessness
of one doctor. He stayed in the hospital for 76 days and 12 surgeries were
performed on him. Then, what was the purpose of singling out this doctor and
filing an FIR against him? This convinced the court which granted the bail.“
Kumar added, "When the patient approached the doctor, his stone was 12mm
wide which grew to 32mm as he didn't turn up again for next three months. This
made his condition critical. The death happened because of the delay in
treatment but the hospital or doctor didn't cause the delay," he said.
Max had said Dr Iqbal left the hospital nine months back.
10. India 2013
Article was published on December 15, 2013 TOI.
It says…
“Recently, the parliamentary committee on health and family welfare
expressed concern over the fact that there is negligible prosecution of
medical negligence cases in India”.
“But the committee's observation draws attention to an even more
shocking fact that there is no centralised collection of data on negligence
cases filed in India or their outcome”.
12. People for Better Treatment
According to People for Better Treatment (PBT), which was started by Dr.
Kunal Saha (he recently won the record settlement of over Rs 6 crore by
the Supreme Court for the death of his wife due to medical negligence),
hardly any doctors are found guilty by state medical councils.
For instance, PBT's RTI enquiry found that just 515 cases were filed against
doctors for either medical negligence or ethical violation in one decade
(2001-10), barely four cases a month.
And action was taken in just 9% — 15 doctors were removed from the
council's list of registered practitioners and 30 let off with a warning.
In 91% of cases, either the case was closed or the accused let off.
13. References
http://www.timesofindia.com/india/
Doctor booked for negligence at Max hospital last year
TNN | Sep 6, 2014, 03.28AM IST
Negligence case: Gurgaon doctor surrenders
TNN | Sep 13, 2014, 03.59AM IST
Clean slate for doctors on medical negligence?
Rema Nagarajan,TNN | Dec 15, 2013, 06.46AM IST
14. “Let us not seek the Republican or Democratic
answer, but right answer.
Let us not seek to fix the blame for the past.
Let us accept our own responsibility for the future”.
-John F. Kennedy
Thank You.