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Join Andrade v P.D Hinduja National Hospital and Medical Research Centre
1998 (1) CPR 579,(Maharashtra SCDRC)
The complainant aged about 67 years underwent Coronary Artery bypass Grafting (CABG) at Hinduja Hospitalon 9.7.1991. During the post operative period he developed lung infection and subsequently puss started oozing from the infected site. He was prescribed some antibiotics, but sinus developed, and ultimately on 30.9.2992 he was operated upon from removal of three wires which had got infected along with the infected cartilage, but one wire was not removed and the same was removed after a period of 1 month. Even after 1 year he continued to have dressings to his wound.
The state commission held negligence on the following grounds :
1. patient developed infection in the hospital, and the hospital was responsible;
2. pus culture was not done more than a month after purulent discharge started. The surgeon was very casual in his approach towards prescribing antibiotics;
3. the contention that the third sternal wires were removed later, as its removal would have affected sternal stability is negated by standard book on cardiac surgery by John Kriklin and Brianbarrat Boyes;
4. patient was later asked to discontinue antibiotics despite wound still oozing; and
5. the opinion of Dr G.N Rachmale of Sir J.J Group of hospitals that if the poast operative sternal infection was diagonised early and treated vigorously it would not have become chronic; the certificates issued by Hinduja Hospital on 11.6. 1993 and 24.6.1993 clearely showed that the post -CABG status of chronic Osteomyletis of the sternum.
6. Rs 50000 was awarded for prolonged delay in prescribing antibiotics and getting pus culture done,Rs 50000 for the third operation for removal of the third wire, Rs 80000 for the medical expenses and Rs 20000 for the cost of the petition . Rs 5000 was awarded to M.S Kamath who had ably assisted the State Commission in appreciating the medical aspects of the treatment.
7. The Insurance Co., in terms of the policy obtained by the hospital , was made liable to pay the compensation.