Hospital, docs told to pay Rs 7.2 lakh for negligence

Ajay Joshi

Tribune News Service

Jalandhar, January 10

The District Consumer Disputes Redressal Forum has ordered Rattan Multi Speciality Hospital and its doctors Dr Balraj and Dr Rajiv Sood to pay Rs 7 lakh to Ajit Kumar as compensation and Rs 20,000 as litigation expenses for medical negligence in his treatment of gall bladder stone. The patient had to undergo several other operations at other city-based private hospitals and the PGI, Chandigarh, due to the procedure that allegedly went wrong at Rattan Multi Speciality Hospital.

The complaint was filed by Ajit through his father Nand Kishore (as he was a minor at that time) with the forum on March 10, 2016, and the judgment was delivered on January 6, 2020, in which forum president Karnail Singh and member Jyotsna held the hospital and the doctors guilty for their grave negligence in the treatment of the victim.

The victim in his complaint mentioned that he was suffering from the problem of a stone in gall bladder. Hence, he visited the hospital on June 5, 2015, and the doctors there recommended for the surgery of the gall bladder. Subsequently, the surgery was performed and his gall bladder was removed by the doctors.

However, after a few days of the surgery, Ajit complained of pain and yellowish colour in his eyes, following which he visited a nearby hospital and got him checked by Dr Vijay of Basti Sheikh, Jalandhar, who diagnosed that the complainant was suffering from jaundice.

When jaundice aggravated, the complainant visited Dr MK Arora Hospital, Vijay Nagar, which further referred him to Kidney Hospital, where he remain admitted till September 10, 2015. After conducting a scan and diagnosis, it was held by the doctors that the complainant was suffering from obstructive jaundice due to the binding of clips on the upper end of the CBD (common bile duct). Hence, the doctors there clearly stated that the past cholecystectomy status with obstructive jaundice was due to the clip put on the upper end of the CBD. The complainant was discharged from the hospital on September 11, 2015.

Due to constant deterioration in his health, the doctors recommended the complainant to get the advanced treatment from the PGI, Chandigarh, where he was constantly kept in observation and eventually recovered on February 16, 2016.

Later, he approached the consumer forum and complained that due to the wrong treatment at Rattan Multi Speciality Hospital, he suffered a financial loss of Rs 7,00,000 on the account of medical treatment and other related expenses of travelling, staying and medicines, etc, which the opposite parties were liable to compensate him. In addition, he demanded Rs 10,00,000 as compensation for mental tension and harassment and agony suffered by him and his family.

After hearing arguments of both parties and verifying medical reports submitted by all hospitals (visited by the victim), the forum adjudged that due to the carelessness of the guilty doctors who do not possess sufficient skill and knowledge of the said subject, the complainant was entitled for the relief. Besides, it was also instructed that half of the amount would be paid by the hospital and Dr Balraj and half by Dr Rajiv Sood within one month from the date of receipt of the copy of the order.