Botched-up knee surgery: Hospital, doctor to pay Rs 19 lakh

MUMBAI: The state consumer commission this week directed Hinduja Hospital and a doctor to pay a compensation of Rs 18.50 lakh to a woman who had to face severe pain and complication after a knee replacement surgery conducted in 1996. The Dadar-based patient Veera Kotwal had to eventually undergo two surgeries in the USA to repair the damage. “For want of corrective measures by the opponents, the complainant left in painful post-operative conditions.Failure of the opponents to attend the clinically diagnosed problem certainly attributes to the medical negligence leading to deficiency in service. Though the opponents possess skill and knowledge of their subject, but failed to take corrective steps,” The Maharashtra State Consumer Disputes Redressal Commission said on Tuesday.
Another doctor involved in the case died in 2004, following which, the case against him was abated.
Describing negligence, the commission said that it is simply failure on part of the doctor to exercise due care. “Negligence constitutes three ingredients so far as the consumer case is concerned-doctor owes duty to take care of the patient, doctor should not breach this duty of care, otherwise, complainant has to suffer injury due to this breach. Doctor is the service provider to the patient,” the commission observed.
The commission further observed that it was aware that when a medical practitioner acts in accordance with the practice approved by responsible body of medical men skilled in that particular art, no question of deficiency in service arises. “However, there is clear breach of legal duty which was required to be exercised by the opponents. Failure has warranted complainant to undergo miseries and pains and submitted herself to revision surgery,” the commission said.
The hospital and the doctor, Saanjay Agarwala will also have to pay Kotwal Rs 50,000 as costs of the complaint. The complaint was filed before the commission in 1998. Kotwal said that she had undergone left knee joint replacement at the hospital on March 29, 1996 as she was suffering due to Rheumatoid Arthritis. She alleged that Dr Agarwala was a known name in the branch of knee replacement and with assurance that adequate follow-up will be personally carried out him, she was convinced to undergo knee replacement. “ However, to the dismay of the complainant, opponent no 2 (Dr Agarwala) never turned up during the post-operative period, though complainant continuously suffered joint pain followed with puss formation and at one such occasion, though complainant became totally immobile,” the complaint reads.
The doctor denied the allegations and said that the operation was successful. He further claimed that she was well taken care of during the post-operative period and given the necessary medication pertaining to every situation.