Ten years after an electrician lost four fingers of his left palm in an alleged case of medical negligence, a consumer court recently directed a suburban doctor to pay Rs. 8.7 lakh in compensation.
The complainant, Sajan Bhaskaran, met with an accident on January 30, 2004 while at work. He was admitted to Evershine Orthosurgical Hospital in Malad, a northern suburb in Mumbai. Mr. Bhaskaran’s left hand was operated on by Dr. Ramesh Tiwari. The patient claimed that the doctor did not attend to him the following two days. On January 2, he was discharged. However, gangrene had developed by then.
Mr. Bhaskaran was then admitted to KEM Hospital for more than a month. According to the petitioner, he was operated upon again and the cut veins were rejoined by transplanting the veins from his left leg. He underwent physiotherapy and was asked to visit the hospital for follow ups. In June, he noticed formation of pus at the tip of his fingers and swelling on his palm. At the Specialists Hospital in Kochi, where he was at the time, his thumb, index finger, ring finer and little finger had to be amputated. Mr. Bhaskaran claimed a compensation of Rs. 19 lakh.
However, Dr. Ramesh Tiwari argued that there was no negligence and that at the time of discharge, he had recovered. His condition was not critical and he was out of danger, said Dr. Tiwari.
But the court ruled that it was a case of “sheer negligence”. “It is not the case of performing surgery on a wrong part of body or leaving some article in the body of patient or administering wrong medicine or of a wrong diagnosis. In this case, the opponent did not discharge the patient for further important and urgent treatment in a big hospital though himself not being available for two days. It does not involve any complicated question more so involving medical jurisprudence. The case also does not require the opinion on an expert,” the court ruled.
The doctor has been ordered to pay Rs 8.7 lakh toward medical expenses, plastic surgery, loss of income, mental agony, physical pain, the feeling to pay for artificial fingers and the cost of litigation.
