Thane doc­tor asked to pay `4L for botched surgery

Hindustan Times ST (Mumbai) - HT Navi Mumbai Live - - NAVI MUMBAI - Press Trust of In­dia let­ters@hin­dus­tan­times.com

The Thane District Con­sumer Re­dres­sal Fo­rum has or­dered a doc­tor run­ning a hospi­tal at Sa­had to pay a com­pen­sa­tion of Rs4 lakh to a pa­tient for a botched surgery which left him dis­abled for life.

Fo­rum pres­i­dent Sneha Mha­tre and mem­bers Mad­huri Vish­warupe and ND Kadam also directed Dr Shree Vivek Malvi to pay an ad­di­tional Rs5,000 to com­plainant Digam­bar Vit­tal Rathod to­wards le­gal ex­penses.

Ac­cord­ing to the com­plainant, a res­i­dent of Kalyan, he met with a ac­ci­dent on July 31, 2013, near Vit­tal­wadi rail­way sta­tion in­jur­ing his right leg. He went to Malvi’s Mathoshri Ke­sar­ben Mo­han­lal Dedai Hospi­tal where the doc­tor op­er­ated upon him. He was dis­charged on Au­gust 13, Rathod told the Fo­rum. Later, he be­gan ex­pe­ri­enc­ing pain in his right leg. The doc­tor put him on painkillers.

The com­plainant said that as the pain con­tin­ued he went for a sec­ond opin­ion and was told that the op­er­a­tion was not suc­cess­ful.

Rathod was ad­vised re­moval of the screw in his leg and go for an im­plant once again which would cost him around Rs2.5 to Rs3 lakh. He then brought this to the no­tice of the doc­tor who sim­ply gave him a dis­abil­ity (par­tial) cer­tifi­cate and asked him to con­tinue with medicines.

Rathod told the Fo­rum that he has been suf­fer­ing ex­cru­ci­at­ing pain as a re­sult of which he can­not get up and move around. He also lost his job of an area sales man­ager with Swastik Tiles said he was earn­ing Rs27,500 a month.

The or­der said that by car­ry­ing out a faulty op­er­a­tion and by not get­ting it rec­ti­fied by another op­er­a­tion as sug­gested by ex­perts amount to de­fi­ciency in ser­vices.

By only giv­ing the pa­tient a dis­abil­ity cer­tifi­cate the re­spon­dent had shirked his re­spon­si­bil­ity, the Fo­rum noted.

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