INTERESTING CASES
INTERESTING CASES |
Chronic Renal Failure
|
The ‘Bolam’ test electro convulsive therapy Mr. Bolam was advised electro convulsive therapy for mental illness. He was however, not warned of the risks of fractures involved in the treatment. There were two bodies of opinion. One preferred the use of relaxant drugs. Using relaxants, the patient sustained dislocation of both hip joints with fracture of pelvis. The doctor was not held negligent because he acted in accordance with practice accepted as proper by a responsible body of medical men skilled in that art. Alleged removal of testesIn the case of Tarun Kumar Pramanik v. Dr. Kunal Chakraborty & Ors the complainant alleged that during operation for left inguinal hernia his left testis was removed negligently and without consent. On account of this suffered and has become handicapped. “There is absolutely no evidence to establish that there was any negligence on the part of the opponent in performing the operation o July 30, 1992 and that it was a result of such negligence that second operation became necessary on account of negligence in performance of first operation… There is no certificate of the doctor of Urological hospital at Nadiad wherein it is alleged to have been stated that second operation became necessary on account of first operation on record. In absence of nay expert evidence, we cannot hold the opponent guilty of negligence in performance of the first operation. We also do not see any reason to disbelieve the statement made on oath by he opponent who has not been cross-examined. The opponent has stated that he had performed the operation on the complainant carefully and that the complainant had not complained of pain when he was discharge from the hospital and thereafter. There is also some force in the opponent’s submissions that if the complainant was suffering from intense pain as alleged by him, he would not have waited for seven months to consult Dr. Rajaguru. There is nothing in the documentary evidence place on record which should support the allegations made by the complainant”. In the case of Harjivanbhai Khoda Bhai Gohil v. Dr. Yogendra D Shah the complainant was operated for hernia and fistula by the opposite party. It was alleged that during surgery the opposite party removed his left testis along with its blood vessel without consent.
|