Category: Medical Negligence

  • Foreign Body (Gossypiboma): A potent cause of medical negligence cases in Indian context

    Gossypiboma is foreign body most likely surgical sponge left by mistake during surgical procedure inside body that cause various post operative complications ranging from discomfort and pain to serious conditions causing death. The courts have heavily penalised for breach of duty and deficiency of services. The ambit of legal remedy can be sought through consumer protection act and criminal liability under medical negligence.

    In matter of Achutrao Haribhau Khodwa vs. State of Maharashtra (1996) 2 SCC 634, the apex court held the doctor liable for medical negligence causing death. In another case, Shanti Devi vs. State of Haryana and others, the High Court held the hospital liable of medical negligence that caused post surgical pain owing to foreign body inside body left negligently and compensation was awarded under Consumer Protection Act.