|Discussion in 'All Categories' started by Shreya Nimonkar - Jul 4th, 2014 8:43 pm.|
|While doing hysterectomy my both the ureters are damaged. Till six months of period the gynecologist kept me in dark, it finally all ended when my whole body was swollen and a govt hospital urology dept did a Ileal surgery in which 20cm of my intestine is cut and replaced.
Now I have restriction to pass urine every 2 1/2 hrs. and every 4 months follow up for life time. The picture is very clear that this has happened while doing hysterectomy. The gynecologist first was mentioning she is guilty but when asked for compensation she said its not at all her concern, and I may be having Tuberculosis.
On this the Govt hospital Doctor clearly gave a letter saying there was no symptoms of TB. I have already forwarded all the details to you long back.
I can mail if again needed. The urologist have been keeping a record of my case as they have done presentations for seminars on my case.
re: Bilateral Uretric Strictures by Dr R K Mishra - Jul 20th, 2014 7:54 pm
Dr R K Mishra
We can understand the pain and agony you are suffering from. You can definitely file your compensation claim in a consumer court but you need to understand few things. Even if you will prove that this is the mistake of gynecologist, she will not be punished. If she is a qualified gynaecologist she has right to operate and human error can happen. Medical malpractice and medical negligence are terms that are often used interchangeably by patient who develop surgical complications, however they make reference to two distinct legal concepts. Medical negligence is a kind of personal injury case in which a doctor or any other healthcare professional takes place responsible for damages caused a patient. In these instances, the reason for the injury is usually related to medical negligence.
While nearly every medical negligence case is rooted in some form of medical negligence, negligence by itself is insufficient to warrant bringing a clinical malpractice claim. To higher explain this idea, we can make use of a more familiar kind of injury case; a bike accident. A bike accident can be the result of a negligent driver running a stop sign. In this instance, the negligent driver is liable for those damages caused by negligent driving. In the event that same driver obey the traffic rule but result in a bike accident, because he could not balance the bike, there isn't any case.
You can't file claims against someone unless their negligence is proved. While that driver might be punished in court arrest, and receive a traffic citation, civil court deals only in compensation for injury. Similarly, in case your doctor treats you in a non-negligent way, however that he could not give you correct result and result in any injury or damages, then there might be no medical malpractice claim. That said, in common language the two terms are often used interchangeably to explain a case of patient injury to medical error. In the courtroom room though, the difference is based on the presence or absence of significant patient damages. In our opinion your complication is a medical error not a medical negligence.
However, You should file a case in the court and this is your right to seek for compensation.
R K Mishra
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