Failure to inform the patient/attendants about a mishap/complication is per se negligence, even if the same may not be negligence or harmless to the patient 10 MLCD (j320) Dr. Naresh Gupta v/s Abhishek Dennis Punjab State Consumer Disputes Redressal Commission, Chandigarh Judgment in favor of: Patients Medico Legal Issues: Precautions — Unusual , Accidents / Mishaps / Mistakes, Emergencies — Complications during treatment / surgery / procedure / intervention, Courts and Legal Proceedings, Communication with patients, Medical records — General Precautions , Medical Records — Preserve / Provide / Produce, Law on Medical Negligence. Suggested precautions: Medicine is an imperfect science and mishaps/complications are a part and parcel of any surgery/treatment.
Courts do not readily infer mishaps/complications as negligence. However, not informing the patient/relatives of a complication,…
