The court has directed doctor to pay cost of second surgery required due to breakage of implant causing failure of first surgery. The patient met with an accident and got treatment from hospital for severe injuries of arm surgery requiring brachial artery repair with vein graft and internal fixation with plate supracondylar osteogenesis of the distal humerus. Wound after surgery healed but after about 6 months patient again admitted with painful swelling of the operated arm. The x-ray revealed breakage of an implant and advised second surgery. The court fined Rs.
1.16 lakh with interest and Rs.30000 as cost and compensation for mental torture. Though, doctor pleaded for using good quality implant of a reputed company. Is doctor at fault or it's company responsibility to compensate the patient? Kindly share.
