Kolkata: The West Bengal Clinical Establishment Regulatory Commission (WBCERC) has directed the Bidhan Chandra Roy Memorial Hospital in Burdwan to pay a compensation of Rs 3 lakh to a patient who suffered due to the hospital’s negligence.
Case Background
The patient, an elderly diabetic individual, was admitted to the hospital by Bikash Majumdar for treatment of a rash and sore on his leg. The hospital placed the patient under the care of a plastic surgeon for a skin grafting procedure. However, the surgery had to be conducted in two stages, and the patient was discharged after the first operation.
On the second day of the second surgery, the medical team discovered that the patient’s bone was exposed, requiring drilling. Unfortunately, a part of the drilling bit got stuck in the bone and was not removed before the patient was discharged. The hospital claimed that the patient was counseled and informed that a curative surgery would be required to remove the foreign object, but this was not documented in the discharge summary.
WBCERC’s Ruling
The WBCERC found the hospital’s actions to be negligent due to the failure to properly document the patient’s care and the failure to remove the drilling bit. The hospital was held accountable for the incident, and WBCERC Chairman Justice (retired) Ashim Banerjee emphasized that the hospital could not avoid responsibility. The patient was later forced to go to a government hospital in Kalna to remove the foreign object, enduring pain for about eight months.
As the hospital is classified as a medium-scale facility, the WBCERC allowed them to pay the compensation in four installments. In case of any default in payment, the hospital will be liable to pay the remaining amount with 7% interest.
This ruling highlights the importance of medical documentation and patient safety, holding healthcare institutions accountable for negligence that results in prolonged suffering for patients.
