Legal Question in Consumer Law in India

Re: negligence of a surgeon post operation

Sepsis is the body's response to infection � an inflammatory process marked by an elevated heart rate, rapid breathing and abnormal temperature. Even a minor infection, such as strep throat or influenza, can trigger sepsis. It's usually not life-threatening. But complications of sepsis can cause serious illness and death.

Sepsis ranges from less to more severe. As sepsis worsens, blood flow to vital organs, such as your brain, heart and kidneys, becomes impaired. Sepsis can also cause blood clots to form in your organs and in your arms, legs, fingers and toes, leading to varying degrees of organ failure and tissue death (gangrene).

Complications of sepsis include:

* Severe sepsis.

* Septic shock.

* Multiple organ failure

On Medical negligence :

The patient has a right to be treated with a reasonable degree of care, skill and knowledge. A mistake by a medical practitioner which no reasonably competent and careful practitioner would have committed is nothing short of negligence. But the law recognizes the dangers which are inherent in surgical operations, where the operations is a race against time, the court will make greater allowance taking into account the �risk-benefit� test.

In Dr. L.B.Joshi V. Dr. T.B. Godbole the Supreme Court held that a person who holds himself out ready to give medical advice and treatment impliedly undertakes that he is possessed of skill and knowledge for the purpose. He owes a duty of care to the patient in deciding whether to undertake the case and what treatment to give. A breach of such duty gives a right of action to the patient for negligence of the doctor.

Medical practitioners do not enjoy any immunity from an action in tort, and they can be sued on the ground that they have failed to exercise reasonable skill and care. The Supreme Court has held that the fact that they are governed by the Indian Medical Council Act and are subject to the disciplinary control of the Medical Councils is no solace to a person who has suffered due to their negligence and the right of such person to seek redress is not affected. Service rendered to a patient by a medical practitioner (except where the doctor renders service free of charge to every patient or under a contract of personal service), by way of consultation, diagnosis and treatment, both medical and surgical, was held to fall within the ambit of �service� as defined in Section 2(1) (O) of the Consumer Protection Act, 1986.

Right to health and medical care is a fundamental right under Article 21 read with Articles 39( c ), 41 and 43 of the Constitution to make the life or workman meaningful, held the Supreme Court in C E & R C V. Union of India.

Re: negligence of a surgeon post operation

Mr Reddy has answered your question excellently.

Re: negligence of a surgeon post operation

I have read the advice of my esteemed colleague Mr. Reddy who has done a great research to answer this question. Congratulations to you Mr. Reddy. I admire your work.