Hospital, doc asked to pay damages after patient undergoes 3 surgeries

Hospital, doc asked to pay damages after patient undergoes 3 surgeries

Submitted by alvin on Fri, 2016-09-02 11:08 Bengaluru: A resident took a city-based hospital to the consumer court and won damages after he was forced to undergo three surgeries to his arm due to medical negligence.Manjunath S, who worked at Rajkumar Mill Pvt. Ltd in Rajajinagar, Bengaluru, met with an accident near KR Puram in June 2013. After being given first aid in a government hospital, he was shifted to Hosmat Hospital at Richmond Road because of the severity of the injury. At Hosmat, Dr Mahesh M advised the patient to undergo surgery. As the costs at Hosmat were high, the doctor asked Manjunath to get admitted to Satya Sai Lake Side Orthopedic Hospital situated on Old Madras Road since he worked as a consultant doctor at Satya Sai as well. The surgery to the fractured left arm cost Rs52,000. A few days after Manjunath was discharged, Dr Mahesh told the patient to get the arm scanned to see the recovery. On seeing the report, Mahesh asked Manjunath to undergo surgery for a second time by paying a sum of Rs11,500. After the second surgery, Manjunath started to experience acute pain and consulted the same doctor once more, who assured him that the pain would recede. When the pain became unbearable, family members took Manjunath to Fortis Hospital situated at  Cunningham Road, where doctors performed another surgery. Following the harrowing episode, Manjunath issued a legal notice to both the hospital and the doctor, following which they appeared before the consumer forum to present their version. In his defence, Dr Mahesh said the patient had responded well to the surgery and the post-surgery fixation of the fracture was good. But when the wound on the surgical side had healed, the patient had an unfortunate fall at his resident, which damaged the plate fixed in the course of surgery. The patient also suffered additional fracture, Dr Mahesh claimed. The doctor also stated that Manjunath had suppressed this fact and had falsely stated that surgeries performed concerned the same ailment. Thus the opposing parties urged for the dismissal of the complaint. After hearing both sides, the court observed that while opposing parties claimed that the second operation was necessitated due to the fall, they had failed to produce any evidence to prove it. In the absence of proper evidence, forum held the hospital and the doctor responsible for medical negligence. The forum stated that on account of not providing proper care, complainant Manjunath underwent three surgeries. Therefore, he was entitled for the refund of the amount paid to the hospital. Accordingly, the forum directed both the doctor and the hospital to jointly pay a sum of Rs52,000 for the initial surgery and Rs11,500 towards the second surgery. Further, the forum ordered them to pay compensation of Rs25,000 for the suffering of the complainant along with Rs2,000 towards the cost of litigation.