The District Consumer Disputes Redressal Commission, Howrah recently directed a Howrah-based doctor to pay Rs 7,76,000 as compensation to a man for medical negligence while conducting hip-bone surgery.
It was noted by the consumer court that the complainant had to seek treatment from several other doctors and undergo surgeries. Therefore, the Commission opined that the complainant was not cured under the treatment of the treating doctor.
The history of the case goes back to 2011 when the complainant had fallen on the road from his cycle and his hip-bone got seriously damaged and it required immediate operation. Therefore, the complainant rushed to Asoka Polyclinic and Nursing Home where Dr. Patel conducted the operation on his right hip-bone and cemented Thompson on the injured hip. Following this, the complainant was discharged.
However, after his discharge, he started feeling severe pain at the operated portion and ‘puss’ was oozing out from the ‘stitch’ and he found one piece of ‘gauge’ remained inside the operated portion, which was allegedly causing severe pain and infection.
The complainant argued that the ‘gauge’ was removed later by the person who was conducting dressing work and the complainant again visited the doctor and X-ray was done.
Despite taking medicine, the complainant’s pain did not subside. The complainant submitted that later he consulted Dr. Thakur and Dr. Sardar and they suggested for further operation in two stages.
The complainant further submitted that he consulted another Dr. Kundu for a 3rd opinion who supported the medical opinion passed by Dr. Sardar. It is alleged that thereafter the complainant went to Christian Medical College, Vellore where he was medically checked up by Dr Thomas who suggested for conducting operation in two stages and for such operation he was required to stay at Vellore for 6 months but due to financial stringency, the complainant was not prepared to stay there and therefore he came back to Kolkata.
The complainant pointed out that later he consulted Dr. Ganguly who did his first operation and discharged him after removal of ‘prosthesis and debriment’ which was implanted by the first treating doctor at the time of first operation and thereafter Dr. Ganguly conducted the 2nd operation.
It was submitted that currently the complainant can walk with the help of elbow crutches. It is further alleged that for gross negligence of the first treating doctor, the complainant had to move from place to place for medical treatment and in this process he incurred huge expenses of Rs 4 lakh. He further submitted that the treating doctor had taken Dr. 76,000 for conducting operation at the nursing home.
On the other hand, the treating doctor denied medical negligence and submitted that the complainant was discharged in a stable condition with an advice to follow up after 4 (four) weeks or ‘SOS’ and also advised regular dressing and asked the patient to take antibiotics. He further submitted that there was no evidence that ‘gauge’ was left inside the operated area. Therefore, the doctor prayed to the District Commission for dismissing the case with heavy cost.