‘Duty of Care’ doesn’t end with surgery. A doctor has a legal duty to take care of his patient throughout hospitalization. If a breach of this duty results in damage or injury to the patient, the doctor is liable. The current article discusses the case of a 73-year-old male patient operated on for colon cancer and the negligence in the post-operative care, which resulted in his death, levying a hefty compensation on the hospital and the doctors.
Case history The sequence of events as traced from the medical records is as follows: Legal proceedings The main points of considerations by both the parties are hereunder: In the catena of judgments laid by the Hon’ble Supreme Court, the essential components of ‘negligence’ are: The existence of a duty to take care which the defendant owes the complainant. The breach of that duty towards the complainant. Damage or injury by the complainant…