A city hospital and one of its orthopaedic surgeons have been asked by the apex consumer commission to pay Rs three lakh as compensation to the kin of a patient who became disabled after a surgery as his actual medical condition was not confirmed through requisite tests.
The patient, Gopal Dass, was suffering from Buerger's disease, which impairs blood flow in hands and feet, but Sir Ganga Ram Hospital hospital diagnosed him as having only Post Polio Residual Paralysis (PPRP) for which Dr S P Mandal performed a surgery, the National Consumer Disputes Redressal Commission (NCDRC) noted in its order.
But the operated area had not healed due to his medical condition and his foot had become septic. The surgery was carried out it 1998 and Das died during pendency of his plea.
The NCDRC observed that since necessary tests were not conducted in time to conclusively diagnose the patient's condition, his toe had become septic with gangrene setting in which necessitated amputation of his right leg below the knee and thus enhanced the compensation to Rs 3.05 lakh from Rs 55,000 awarded by the Delhi State Consumer Commission.
"It was necessary for opposite party 1 (Mandal) to have conducted the tests required to diagnose Buerger's disease before reaching a conclusive diagnosis that this was merely a case of PPRP for which surgery was undertaken.
"Unfortunately, tests and angiography were undertaken when it was far too late and complainant's (Dass) toe had become septic and gangrene had set in, which necessitated amputation and (resulted in) complainant's 80 per cent disability.In view of these facts, we find substance in the plea for enhanced compensation," a bench presided by Justice Ashok Bhan said.
The NCDRC's order came while dismissing the appeal of the doctor and the hospital against the state commission's order holding them guilty of limited medical negligence for not conducting requisite tests.
Ganga Ram hospital had contended it was not responsible as the surgery was performed in another hospital by its doctor.
