Chhattisgarh High Court Orders Fresh Probe into Knee Surgery Allegations

Background of the Case

In a recent ruling, the Chhattisgarh High Court mandated a new investigation regarding claims that a hospital performed surgery on the incorrect knee. The bench, led by Justice Parth Prateem Sahi, recognized that the initial inquiry into the allegations of medical negligence was conducted by a committee that was not properly established.

Constitution of the Inquiry Committee

The court highlighted that the petitioner’s grievance was based on an inquiry report submitted by a four-member committee comprised entirely of doctors. Notably, Dr. ***, an Assistant Professor from the Surgery Department at CIMS, Bilaspur, chaired the committee. The court referenced Rule 18 of the 2013 regulations, which stipulates that the committee should be led by an officer of at least Deputy Collector rank and include a specialist in the relevant medical field. The court found that the committee did not meet these requirements, rendering its report invalid.

Petitioner’s Allegations

The petitioner, who had been suffering from knee joint pain and had undergone treatment at various hospitals, reported that her left knee was the source of her issues. However, the surgery was performed on her right knee instead. Following her complaint, a committee was formed to investigate, but the petitioner’s counsel argued that it was not constituted according to the necessary legal framework. The counsel claimed that the committee’s report failed to address the specific allegations against the first hospital and its staff, asserting that relevant evidence was overlooked.

Request for Re-Inquiry

The petitioner’s attorney expressed that the medical negligence had caused significant distress, urging the court to mandate an inquiry against the responsible medical professionals and to ensure appropriate compensation for the petitioner. Conversely, representatives for the hospitals contended that a team of doctors had thoroughly investigated the complaint and maintained that the surgeries were conducted with proper consent from the petitioner and her family.

Court’s Observations and Rulings

After considering the arguments, the court addressed the hospitals’ claims regarding procedural violations. It asserted that the petitioner’s complaint was valid and warranted consideration under the relevant regulations. The High Court emphasized that the initial inquiry could not be deemed sufficient due to the improper constitution of the committee.

The bench noted that the definitions and roles established under the Adhiniyam, 2010, and associated rules outlined the responsibilities of the Supervisory Authority, which includes the District Collector. The court reiterated that the inquiry report lacked legal standing due to its improper formation and directed that a fresh inquiry be conducted.

Conclusion and Directions

The court concluded by ordering that the complaint be re-examined in accordance with the relevant provisions of the Adhiniyam, 2010, and the Rules, 2013. It also instructed that both parties be afforded the opportunity to present their case during the new inquiry, which should be completed within four months.

This ruling highlights the court’s commitment to ensuring that medical complaints are handled with the appropriate legal rigor and oversight, providing a pathway for the petitioner to seek justice.

To view the full order, click on the link below:
https://medicaldialogues.in/pdf_upload/chhattisgarh-hc-wrong-leg-operated-313461.pdf

Related News

Also Read: Andhra Pradesh Doctor, Nurse Suspended After Surgical Blade Left Inside Patient