Medical Standards and Medical Negligence Compensation

In the case of a relative, a corporate hospital has performed a surgery on the wrong side of the body of her mother. The financial, emotional & mental toll of this mistake is enormous. The daughter& her husband came from abroad, just for this surgery. The bill is around 5 lakhs. The hospital is now offering the relatives some money & incentives for the mistake, to not take it to court. Knowing the political, legal & muscle power of this hospital, they will likely to bury their anger & accept the settlement.

The big question is can there be better medical procedure and documentation standards so such negligence doesnt happen and then if it does happen, easy way to raise an issue and fast redressal.

Please let’s brainstorm way forward on this matter more  

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I ESCAPED BY THE SKIN OF MY TEETH: My RIGHT kidney with Cancer was to be removed. The case sheet was being prepared by the Assistant surgeon the previous day. I was checked and the Urologist (it was he who suggested nephrectomy of affected right Kidney) called the A.S. even as I was in the examining couch. The Assistant Surgeon went on to to read the case sheet, I was keenly listening; I was shocked when he said NEPHRECTOMY LEFT KIDNEY. That is when I yelled so loud 'NO LEFT' that even the Urologist on line heard it. I was so lucky and Gods Grace was on me. Ms. Kumar, it is a grave mistake from the part of a well known Hospital. They should realize first to avoid the mistake on another patient. One thing is evident about the institution, the patients are treated as Milch cows, where their responsibility to cure the patient takes the back seat. So, - first, the mistake should be rectified by the team of involved, the Hospital management at their own expense. - next rehabilitation of the patient totally at their expense. Th Family cant do this themselves. THEY HAVE TO SEEK MEADICAL AND LEGAL ADVICE SIMULTANEOULY. That is one way we can make the money minded Hospitals to to value human lives. more  
THEY SHOULD BE TAKEN TO THE COURT SO THAT IN FUTURE THEY ARE CAREFUL NOT TO REPEAT SUCH THINGS AGAIN more  
Suppose a patient has left kidney damaged and right kidney functional. Surgeon erroneously removed right kidney that was functional, and as a compensation hospital needs to remove left kidney also free of cost and let the patient die its own death. in such a case what compensation will be appropriate to the patient and his family. Matter is not that such doctors need to be hanged to death and hospital to be sealed. Matter is what LC can do in this matter. Has its roll limited to seek and propagate opionion polls only. Writter of post has no guts to mention the name of the victim or the hospital / Doctor involved. if he exposes the names he may face consquences. The matter is who will bell the cat. more  
I used to be a volunteer to a reputed charitable organisation almost 35 years ago and have witnessed countless eye surgeries and helped the surgeon for which we were given certain training. In such free surgeries, the medical team would be very particular about identifying the correct eye for conducting the procedure. I still cannot forget the numerous confirmations and fail-safe identifications that used to be followed. In this case, either there is a serious lapse of procedures or simply you have bad medical professionals at work. There are medicos coming out of capitation fee run hospitals where hardly anything is taught and/or reservations compromising on basic standards could be the issue. Something so basic as identifying the correct organ must be one of the first few important things they would teach a surgeon and properly trained ancillary medical staff. more  
Yes there have been cases like that all over the world. In my working with a surgeons for almost 30 years I have seen my Drs had been so careful that they talk to the patient at the time of the diagnosis, prior to anesthesia and mark the side with a special ink marker before surgery and look at the x-rays and such to make sure it is the correct side. How this is possible I am shocked. When this did they do need to be held accountable. Sadly in India medical colleges and residency programs are not at the level where they are trained enough to take on the task. We need to make the medical education at a higher standard. Stop pushing all those who do not qualify like special class of society based of the cast system with lower grade points. Also stop demanding free care, if some one works hard to get at the level of education, spending good 30years of his life training he or she should be compensated higher. Another medical problem (not in this case) people do not seek care in timely manner and bad outcome is blamed on the Dr. These are two different things and should be taken care of appropriately. more  
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