Legal Question in Health Care Law in India

health care

My father was 68 years old and was on hemo dialysis for the past 1.5 years.His dry weight is 71.50 KG.He used to go for dialysis once a week.His normal weight gain was 3.5/4 KG.His normal BP is 140/90.He used to take atenolol-50 mg,Losartan-50mg,Ecosprin 75Mg,Insulin 5-0-5,and EPO injection once a week.

Last week we found his creatinie level was too high (10mg/dl)and doctor asked us to increase the frequency of dialysis.We fixed the next dialysis schedule after 3 days and went for dialysis.His weight gain was 2 kg.But,the set fluid removal was 3.5 kg in the machine.He was well for the first two hours.Then he reported shivering ,headache and fever.Staff checked his fever and it was normal.After half an hour his BP was checked and it was 200/90.He was continued with his dialysis.After another half an hour he cried and was not able to speak or express any thing.The staff came running and checked his BP it was 230 and she gave nifidipine 5mg.After that he became unconsious and duty doctors rushed and he was admitted in ICU.Under CT scan we found he had a hemorage.I request to suggect your opinion on the above incident,since the hospital has not taken any care when his BP was 200.


Asked on 10/11/08, 5:13 am

1 Answer from Attorneys

Mahesh Gupta Medico-legal Advocates and Consultants

Re: health care

It is not possible to give a definitive opinion on the basis of the above data. However, it appears that there might have been negligence. If you want to sue the hospital for negligence, a proper case has to be built up before filing the petition in the court concerned. Preparation of such petition will necessitate consultation from a joint medical and legal background of your choice.

Dr. M C Gupta [Former Professor: NIHFW / AIIMS]

MD, LL.M.

MEDICO-LEGAL CONSULTANT AND ADVOCATE

Member, Supreme Court Bar Association

[email protected]

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Answered on 10/11/08, 5:41 am


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