 A Midwest hospital system and several doctors
will pay a total of $20.6 million to settle a man’s claims that he is
permanently disabled because the physicians failed to diagnose and treat a
ruptured aneurysm in his abdomen, as per the patient’s lawyers.
The patient had filed
a claim that Indiana-based Franciscan Health and its doctors missed a
bleeding aneurysm on a CT scan when he visited St. James Hospital in Chicago
Heights complaining of abdominal pain, nausea and vomiting.
The initial CT scan during his 2013 hospital
visit had shown the bleeding aneurysm with several other large aneurysms in
his pelvic and abdominal areas. However, two radiologists failed to notice
the bleeding when they reviewed the scan, and a vascular surgeon missed the
bleeding when he reviewed it the next morning, according to the statement of
the lawyers.
The patient did not have any issues with
ambulation when he arrived at the hospital and could perform all activities
of daily living without assistance. But his condition worsened as he began to
experience symptoms including weakness in his legs, dropping blood pressure
and increased abdominal pain. The next morning, the hospital’s daytime
attending doctor ordered a “routine MRI” to look for spinal abscesses as a
potential source of Baldridge’s lower extremity weakness, according to the
statement. But the MRI was never conducted, Baldridge’s condition worsened
and an X-ray the hospital ordered later that day showed his large bowel was
dilated, the statement said. He was then transferred to a sister hospital,
where he underwent emergency surgery after another CT scan revealed bleeding
from an aneurysm in his right iliac artery. The patient is now permanently
paralyzed at 64. He has received several toe amputations, struggles with deep
pressure ulcers and experiences “chronic and unrelenting pain,” the statement
said.
The lawsuit alleged that the bleeding aneurysm should have been spotted in his first CT scan. He also claimed he would have received emergency surgery much sooner if it had been. “When this acute change occurred, the health care providers failed to coordinate care to get appropriate diagnostic tests and consultation with specialists. All signs were pointing towards internal bleeding, and because of a failure in communication, this was not acted upon in a timely fashion.”
The hospital and
doctors denied negligence,
claiming his preexisting end-stage kidney disease had severely limited his
life expectancy. They also claimed the ailments Baldridge suffered were known
complications to the type of surgery he received, which he would have needed
regardless.
The parties reached an
agreement, which requires
Franciscan to pay $13.5 million on behalf of the hospital while the doctors
will contribute $7.1 million collectively, making it a total of $20.6
million.
(Source: Law360) |
20.6 million US dollars amounts to Rs 142 crore, 35
lakh rupees.
This was an out of court settlement and although it
did not happen in India, the day is not far off when this exorbitant sum of
money awarded could become a real possibility in India.
Award of compensation in medical negligence cases
in India is already moving along this path, albeit gradually.
Compensations amounting to more than one crore have
been awarded by the Supreme Court of India and National Consumer Disputes
Redressal Commission (NCDRC) in three judgements.
In its judgment in “Dr. Balram Prasad
versus Dr. Kunal Saha & Others”, the Hon’ble Supreme Court of
India awarded Rs. 6.08 crores as compensation for medical negligence. After
addition of interest, this figure increased to a staggering amount of Rs 11
crores.
Rs one crore each was also awarded as compensation
in the judgements in Nizam Institute of Medical Sciences vs Prasanth S
Dhananka and Ors and Dr. (Mrs.) Indu Sharma vs Indraprastha
Apollo Hospital.
As a result, litigations against doctors have seen
a huge increase; some of these are on frivolous grounds. Premiums paid to
insurance companies have increased.
This means that doctors now have to be conversant
with the law as it applies to medicine. This is no longer optional but an
urgent need of the hour. They have to be more vigilant now than before.
We have wealth management consultants, who provide
financial, tax and investment advice. Almost all of us are assigned a
Relationship Manager by the bank to help us with our banking needs.
Similarly, the time has now come for doctors to
have legal consultants on “retainership” to help them safely navigate the
complexities of law.
Informed consent has now become an absolute legal
necessity and it is the only safeguard available to the doctor as protection
from malpractice claims.
Dr KK Aggarwal
Padma Shri Awardee
President Elect Confederation of Medical
Associations in Asia and Oceania (CMAAO)
Group Editor-in-Chief IJCP Publications
President Heart Care Foundation of India
Past National President IMA
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