Thane doctor asked to pay `4L for botched surgery

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.