The patient needed admission. The psychiatrist advised it. A week later, the patient died by suicide. What went wrong — and who was responsible?
Irrefutable Facts
The patient consulted the psychiatrist with a history of severe mental depression. After observing suicidal tendencies, the psychiatrist advised admission to the psychiatric hospital.
The patient was subsequently admitted there. However, he committed suicide after a week by hanging himself in the bathroom with the rope lying in his room.
His family sued the psychiatrist and the hospital. It was alleged that the psychiatrist’s mobile number was often switched off, so his wife’s number was given for emergency contact. However, on the fatal day of the incident, both mobile phones were switched off.
It was also alleged that the psychiatrist and the hospital had failed to ensure that the patient with suicidal tendencies does not have easy access to equipment and materials to hang himself, as a rope used to tie a previous patient was lying in the deceased patient’s room.
Doctors’ Plea
It was denied that the said mobile number belonged to the psychiatrist. It was further pointed out that the attendants were given the number of psychiatrist’s wife for emergency contact, which shows the concern and care towards the patient.
The hospital claimed that the patient was treated with care and caution, and there were no specific instructions to keep him under 24-hour surveillance. They denied the presence of a rope within the patient’s access and further argued that the patient somehow managed to procure a tape, which had been used to tie up another patient.
Court’s Observations
The court accepted the allegation based on medical records that on the day of the incident, mobile of the psychiatrist (OP2) and his wife were kept switched off, and drew an adverse inference against him.
The court noted from the defence that a convulsive patient was kept roped in the deceased patient’s room, and that the same rope was used by the patient to hang himself. So, the court held the hospital negligent for not removing the rope from the patient’s room. Further, it held the psychiatrist negligent for not ensuring that such equipment were not within the patient’s reach as he had a suicidal tendency.
The court held the hospital and psychiatrist negligent.
Prevention Is Better Than Cure
- A doctor has the discretion to share his / her mobile / contact number with the patients / attendants. Some specialities may be an exception to this rule. But not attending calls after having shared the number with the patient / attendants, especially in emergencies is not taken kindly by both, the patients and the courts.
- Care and caution should be exercised while treating a psychiatric patient, especially those having suicidal tendencies. Ensure that harmful tools / equipment are not around or within their reach. In cases of negligence, both the hospital and the treating doctor can be held liable.
Source : Subhas Chandra Sarkar v/s Dr. D. J. Shee & Ors.
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