Medical test turns ugly: Paralysed man to get Rs 10 lakh compensation

In a shocking incident, a man, whose bone marrow was being biopsied for cancer, was left partially paralysed after the test at NIMS hospital in city.

HYDERABAD: In a shocking incident, a man, whose bone marrow was being biopsied for cancer, was left partially paralysed after the test at NIMS hospital in the city. Reportedly, a needle was erroneously inserted into the bone marrow of the base of his spine and as a result, the right side of his body became paralysed. 

After he filed a complaint with a district consumer forum, it directed the doctors who performed the test and an insurance company to pay Rs 10 lakh as compensation and Rs 15,000 as other expenses incurred. 
Amjad Ali Khan, a resident of Sanathnagar, was diagnosed with Chronic Myeloid Leukaemia (CML), a progressive type of blood cancer at a private hospital and was soon referred to NIMS for undergoing bone marrow aspiration and bone marrow biopsy tests to ascertain the severity of his condition. 

Bone marrow biopsy requires a needle to be inserted into the final bone of the spinal cord. Unfortunately for Amjad, the test proved life-threatening.  After a bout of severe pain, Amjad was completely paralysed in the right leg. Later, he also claimed that a part of his left leg got affected. Until then, Amjad was the sole breadwinner for his family. He could no longer work in the private company he was previously employed in as he could not walk. 

During the perusal of facts, it was brought to light that a junior resident doctor had performed the highly precarious test. Though the doctors claimed that reasonable care was taken while undertaking the procedure, it clearly did not reflect in the test conducted. An electromyoneurography (EMNG) test to ascertain the velocity of nerves further proved the extent of damage caused due to the test. 

The president of the consumer forum Nimma Narayana observed, “Critical tests such as these must be conducted by experienced oncologists or haematologists. Here, a junior doctor, who is a student and not a qualified-enough doctor, performed the test.”

Based on the ‘Jacob Mathews versus State of Punjab Supreme Court’ case, the forum observed, “A person would entrust a professional to have requisite skill in the branch of practice. In the instant case, the doctor is only a student and not a qualified person.” The forum directed the hospital, doctors, and Oriental Insurance to jointly pay Rs 10 lakh as compensation and Rs 15,000 towards costs. 

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