A patient with an elbow injury was taken to the operating theatre for surgery. Shortly after anaesthesia was administered, the patient suffered hypoxia, collapsed, and died four days later without the operation being performed.

The patient's family filed a medical negligence complaint against the operating surgeon. In his defence, the surgeon stated that an assisting anaesthetist, not he, administered the anaesthesia. However, when impleaded in the case, the anaesthetist denied being present or involved.

To rebut this denial, the surgeon submitted the Operation Theatre register entry for the procedure, listing the anaesthetist's name. He also provided affidavits from operating theatre assistants and staff confirming the anaesthetist's presence and actions.

Despite this documentation, the lower Court ruled against the surgeon, holding that no evidence contradicted the anaesthetist's stand. On appeal, the higher Court overturned this decision. It held that ignoring critical register entries and witness affidavits vitiated the order. The case was remanded to the lower Court for fresh evaluation of the evidence.

MedLegal Safety Insights

This case underscores the importance of Operation Theatre registers and their role in safeguarding doctors and healthcare facilities. Thorough documentation of roles, signatures, and team attendance in surgical records provides crucial evidence in legal disputes.

For hospitals and patients alike, verified surgical logs and clear staff identification ensure clinical accountability and protect against false claims. Standardised record-keeping protocols help protect healthcare providers and ensure transparency in adverse outcomes.

Source

Order pronounced by the National Consumer Commission on 13th July 2026

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