negligence in service by doctor
Querist :
Anonymous
(Querist) 27 October 2009
This query is : Resolved
i got the fractured in my leg 4 year ago that time due to negligence of doctor i got the dvt in my veins and it still.but i donot have any document related to this. what should i do
Sudharsan.m
(Expert) 27 October 2009
you cannot do anything unless otherwise you have valid proof for medical negligence. however, you can go to the same clinic and take the old records of yours through the attendent or some other means then you can get a medical test again in that clinic. check with the current report with the old one and yoiu can give complaint against the particular doctor or clinic.
AEJAZ AHMED
(Expert) 27 October 2009
Dear Sir/Madam,
You are saying that, it is a matter of Four (4) Years, but your query is silent about:
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(i) How & When you come to know about this Deep vein thrombosis (DVT);
(ii)Post Operation Treatments after fracture;
(iii) Period of Treatmentment after Operation;
(iv) Whether you are under Treatment right now for this Deep vein thrombosis (DVT).
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Now, after a Four (4) Years of Operation how can you say that due to the negligence of doctor while operatng for fracture of leg, you got Deep vein thrombosis (DVT).
It is true that, this Deep vein thrombosis (DVT) causes due to complications from medical procedures and surgeries on operation for your fracture of leg, but Deep vein thrombosis can have many causes, such as prolonged sitting or an inherited blood-clotting disorder:
If you are not having any "Documents" (you mean entire medical reports with regard to your Operation and Post Treatment after fracture) then you can approach the Hospital and request them for Medical Reports, if its in their records.
(i) You should first contact with your Lawyer;
(ii) Issue a Legal Notice to the (a)Hospital and (b) Doctor;
(iii) Then you can approach to Consumer Court for Negligence of Hopital and doctor in post operation treatment, as they didn't recognize the possibilty that a patient on recent surgery may cause DVT.
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What is a DVT:
Deep vein thrombosis (DVT) is a condition resulting from the formation of a blood clot inside a deep vein, commonly located in the calf or thigh. DVT occurs when the blood clot either partially or completely blocks the flow of blood in the vein. When the blood flow slows down due to illness, injury, or immobility, there is a tendency for blood to accumulate or "pool." A stagnant pool of blood begins to clot and poses a potential risk for DVT. In most situations, blood clots are a natural part of the healing process. They enable the injured tissue to begin to repair itself without excessive blood loss. In the case of deep vein thrombosis, however, the body signals the clotting process to occur unnecessarily at the wrong time and in the wrong place.
As per Medical Reports:
DVT can strike almost anyone at with the necessary risk factors. Factors and conditions that may increase the risk of DVT include:
** Immobility Because immobility slows down the circulation of blood, anyone who sits immobile for hours at a stretch is at risk for DVT. This includes patients who are paralysed by a stroke, patients who are confined to bed after operations or illness, and passengers on long haul flights.
** Injuries Blood vessels may be injured in a variety of ways including fractures and surgery or radiotherapy for cancer.
** Inherited Clotting Disorders If blood clots run in your family, you may have an inherited clotting disorder. Among people of European descent, the most common genetic mutations that encourage clotting are the factor 5(V) Leiden and the prothrombin gene mutation. Individuals who inherit one of these mutations from either parent may experience recurrent episodes of DVT, but the risk is highest if both parents were affected.
** Pregnancy Pregnant women are 5 times more likely to develop DVT than non-pregnant women. Cases occur most often in the third trimester and immediately following delivery. There is often a history of a minor clotting disorder on one side of the family.
** Oral Contraceptives Hormonal preparations such as oral contraceptives or hormone replacement therapy may also increase the risk of clotting, particularly when combined with other risk factors like smoking.
** Cancer Some cancers release substances that increase the blood's tendency to clot. Cancers of the ovaries and pancreas are particularly likely to provoke DVT.
** Smoking Tobacco smoke reduces the amount of oxygen carried in the blood and may damage vessel walls, potentially leading to clot formation. It is one of the most modifiable risk factors for cardiovascular disease.
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Kindly go through the following Case :
U.S. Awasthy vs Gulf Air And Anr. on 30 September, 2003
http://www.indiankanoon.org/doc/867203/
(But in this matter DVT due to prolonged sitting )
Sachin Bhatia
(Expert) 27 October 2009
You cannot do anything unless otherwise you have valid proof for medical negligence.
Theja
(Expert) 27 October 2009
You had kept yourself silent for 4 years. This itself discouraged the essence of the case. When you knew that the Doctor was negligent you should have been diligently got some documentary proof. A proof atleast like a cerificate detailing your condition before treatment at that particular place and after treatment. And the relevent proof to say that you sought treatment from that particular doctor. You coud hve also a cerificate from a Reg. Govt. Doctor sayong that problem developed in yu is becoz of the Doctor's negligence.
Raj Kumar Makkad
(Expert) 27 October 2009
Nothing can be done without any document at such belated stage.
adv. rajeev ( rajoo )
(Expert) 03 November 2009
Nothing can be done, you have to face because you have committed a mistake.
