An orthopaedic surgeon was held negligent in this case for missing Colle’s fracture despite the X-ray showing so, and for treating it as ‘minor dislocation of elbow’. As a result, patient’s right hand was rendered partially disabled and the doctor had to pay a lumpsum compensation for the errors.

The doctor defended his action in the court by stating that:

“Patient came with fracture of lower end of radius, and the minor dislocation of elbow was corrected under anaesthesia. Physiotherapy was advised after removing POP. She regained 95-degree movement at the elbow joint, which clearly indicated that elbow dislocation was treated successfully. The limb was saved and stiffness was reduced. The restricted movements and disability cannot be due to dislocation of elbow’.

The Commission rejected these claims and observed the following:

“There was nothing mentioned in the follow-up notes about condition of right wrist and whether any treatment was given to right elbow injury or not. It is surprising to note that while the doctor claimed minor elbow dislocation was corrected under anaesthesia and above elbow POP slab was given; but it was not corroborating with the actual notes in discharge card and the consent form”.

Apart from inconsistencies in the medical records, the Commission also considered diagnosis of three other orthopaedic doctors consulted by the patient.

The first doctor opined that the orthopaedic surgeon had missed the fracture, whereas second and third doctors opined that the fracture remained untreated which caused further complications.

The Commission also observed that the orthopaedic surgeon lacked in post-operative care. Instead of asking the patient to visit for regular follow-ups, he advised her to come after three months!

Missing the diagnosis, providing incomplete / inaccurate treatment and not following accepted protocol in post-operative care were the medical errors that went against orthopaedic surgeon.

Source : Order pronounced by National Consumer Disputes Redressal Commission on 27th January, 2023.