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Aditya Pandey   12 September 2024

Negligence

1.       

My grandmother, Sunita Sharma, was the cornerstone of our family. At 70, she was still full of energy, always cooking our favorite meals and telling stories. In May 2024, she underwent what was supposed to be a routine gallbladder removal surgery at CityCare Hospital in Pune. The doctors reassured us that the procedure was simple and that she would recover quickly, so we were relieved when she was discharged after just a few days. But not long after she returned home, Grandma started complaining of severe pain in her abdomen. She kept insisting that it was part of the recovery process, but the pain grew worse with each passing day. My dad, Ravi, took her back to the hospital several times, but they kept dismissing it as normal post-surgery discomfort. She struggled to perform basic tasks and became increasingly weak, which wasn’t like her at all. Seeing her in so much pain, my parents finally decided to take her to a different doctor in June 2024 for a second opinion. After examining her, the new doctor was concerned and suggested that she undergo an MRI scan to figure out what was wrong. It was during this MRI that we received the most shocking news of all—a surgical instrument had been left inside her body during the original operation at CityCare Hospital. Grandma was devastated. The pain, the sleepless nights, everything made sense now, but what happened next was something none of us were prepared for. While she was undergoing the MRI to confirm the findings, something went horribly wrong. My grandmother passed away in the MRI machine. The grief that hit our family was unimaginable. She had gone in for a routine procedure, and now, because of a mistake that should never have happened, she was gone. My dad and the rest of us are still struggling to come to terms with how negligence by trusted medical professionals led to this tragic outcome. The MRI had revealed the foreign object left in her body, but she didn’t even get the chance to undergo corrective surgery. It all felt so senseless. Our family has decided to file a lawsuit against CityCare Hospital for gross negligence. My grandmother didn’t deserve to die because of a mistake that could have easily been avoided. We want justice, not just for the pain and suffering she endured, but for the life that was taken from her and from us. We hope that by holding the hospital accountable, we can ensure this never happens to another family.



Learning

 3 Replies

Saloni Pande   12 September 2024

 Potential Legal Recourse for Sunita Sharma's Family

Under the (BNS)  Bharatiya  Nyaya Sanhita 2023, the family of Sunita can find the potential legal recourse. The following points can be argued.

 The hospitals failure to conduct a proper surgery and to provide a post operative care has amounted to negligence which has lead to Sunita’s death. This addresses the cause of death due to negligence.

Leaving a foreign object in Sunita’s body in the process of surgery is punishable under this law.

 

 

 

Under the Consumer Protection Act, 2019:

  

Claims can be made by the family that there was a deficiency by the side of hospital in providing medical services as they failed to remove instrument used in the surgery, that eventually lead to death of Sunita. The dismissal by hospital for Sunita’s post-operative care could be argued to be an unfair trade practice.  

 

Under Indian Contract Act 1872:

Here the family can argue that Sunita’s death occurred due to the breach of contract by Hospital as it could not provide her with the necessary medical care needed.

 

The trauma that the family has incurred due to her death and the financial loss can be asked for compensation. The damages can be claimed under various heads, including loss of life, loss of income, and mental anguish.  

 

The family has a strong case against the Hospital. The family msut gather all the substantial evidence that involves expert testimonies, medical records eyewitness accounts, to substantiate their claims.

 Challenges and Considerations. The  legal process can be emotionally draining and lengthy however with perseverance they can seek justice for Sunita.

 

While Sunita's family has a strong case against CityCare Hospital, they may face challenges in proving causation between the retained surgical instrument and her death during the MRI scan. The hospital may argue that her death was not directly caused by their negligence

 

P. Venu (Advocate)     13 September 2024

Please confine the posting to material facts.

Sudhir Kumar, Advocate (Advocate)     02 October 2024

very ong narrative.


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