When does a surgeon’s responsibility end and a patient’s begin? In cases of post-operative complications, this line can blur—unless clearly defined by medical records and judicial insight.
This legal verdict draws a decisive boundary between surgical performance and post-discharge care, placing the onus of responsibility squarely on the patient and their attendants. A compelling reminder: even perfect procedures can unravel without proper aftercare.
Irrefutable Facts
The patient was operated on for appendectomy by the surgeon, and was discharged after a few days. Post-surgery patient’s complaints still persisted and he was admitted to a second hospital; was diagnosed with ‘Post Appendectomy Wound Dehiscence’; and was treated for the same.
He sued the surgeon, alleging that even after discharge post-surgery, the complaints of the patient persisted and therefore, he had to get admitted to another hospital for post-surgery complications.
Doctor’s Plea
The doctor refuted the allegation, stating that at the time of discharge, the patient did not complain of any discomfort. He pointed out that the patient and attendants failed to follow the advised precautions which caused infection at the operated site.
Court’s Observations
The court observed that “the appendix itself is liable to be infected and inflamed by its own nature”. The court on perusing of medical records of the second hospital found that the wound dehiscence had occurred due to an appendix infection.
The court further observed that post-operative care is most important in all kinds of major and minor surgeries. The court, therefore, held that in the instant case, the infection had developed due to the patient’s own negligence and not due to the appendectomy performed by the surgeon.
Prevention Is Better Than Cure
Both the doctor as well as the patient are responsible for post-operative care. However, the responsibility of the patient / attendants increases manifold after discharge from the hospital, and they are expected to follow the post-operative advice religiously, as illustrated in this case.
Source : Shyam Sunder v/s Dr. Sunil Gehlot & Ors.
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