‘Med error didn't hit patient, no payout'
After regaining consciousness, she complained that her big toe had not been corrected; the second toe was elevated and deviating; and there was complete numbness in her left foot. She was informed that these were temporary effects due to incision and anaesthesia. She was discharged after two days before the wounds had healed. Subsequently, a proper dressing was done during followup, but Rastogi claimed that her condition had worsened due to fluid leakage and crusted fluid around the scars.
She remained in pain for months and was dependent on painkillers due to the screw implanted in her joint, which continued to cause distress until it was eventually removed by another specialist. She also pointed out that negligence was clear as her blood group was recorded as O +ve even though it was O -ve. So she alleged negligence and deficiency in service. The hospital and the surgeon denied the allegations, stating that accepted medical practices had been followed while conducting the procedure.
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The intended correction was limited only to the big toe, and had been achieved. The deformity in the second toe was already present prior to surgery, but it became more conspicuous after the correction of the big toe, and this had been explained during the preoperative counselling and consent process. . The Commission noted that the proper procedure had been followed after explaining the risks and obtaining informed consent.
Also, there was no negligence in postoperative care. As regards the incorrect blood group, the Commission held that there was no actionable negligence.
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