THANE (Web Desk) – Four years after his death and a good seven years after he dragged a city doctor to the consumer court for “permanently damaging his penis” during a botched treatment, the district consumer redressal forum upheld charges against the doctor and ordered a compensation of Rs 3 lakh to the complainant.
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An 83-year-old former cashier with a bank passed away in 2011, midway through the legal battle and after enduring pain and costly treatment.
He had moved the consumer forum in 2007 against Dr Atin Shah for alleged negligent services that had rendered him handicapped.
The complainant had told the forum that after being referred by his family doctor, he had approached Dr Shah on November 23, 2007, for ECG tests in his Thane (East) hospital. Shah, he said, got him admitted and began cardiac treatment.
“The next day, a ward boy from the hospital inserted a catheter inside his penis, following which he suffered severe pain and bleeding.
His natural urination process also stopped completely. Doctors at the hospital tried to stop the bleeding but in vain.
Subsequently, Dr Shah advised us to shift him to Criticare Hospital where doctors were able to stop the bleeding. However, the urination could not be restored. Hence, a hole was drilled in his abdomen and once again a catheter inserted to remove the urine from his body,” said the complainant’s son.
As the family could not afford the treatment there, they shifted him to Divine Hospital and then took him home.
Later, the problem resurfaced and he was admitted to Kaushalya Hospital. In his complaint, he added that he had also sought treatment at Hiranandani Hospital but his natural urination could not be restored.
He said that he had suffered disability due to carelessness of the staff at Dr Shah’s hospital and had claimed a compensation of Rs 12 lakh for his treatment and medicines and Rs 5.95 lakh towards other expenses.
In support of his claim, the complainant submitted all his medical papers and the opinion of Kaushalya Hospital doctors.
The respondent doctor dismissed the claim and said the hospital was not at all at fault. In his written submission, the doctor informed the forum that the complainant had a cardiac problem.
The treatment was started on November 23, 2007, and the complainant complained of extreme pain in his penis. As he was unable to urinate, it was suggested that he be shifted to other hospital for better treatment.
“Prima facie, the doctor is hiding the fact that the due to the wardboy’s act of inserting the catheter in the penis, the pain and bleeding started.
Even if the complainant has not given any direct evidence, the act of the doctor of discharging and shifting the patient to another hospital without any referral note, or finding the cause of extreme pain and bleeding, is surely an act of negligence by the doctor,” the forum said.
On Tuesday, forum President M Y Mankar and members Madhuri Vishwarupe and N D Kadam ordered Dr Shah to pay a compensation of Rs 3 lakh to the complainant and Rs 10,000 as expenses of litigation by October-end, or pay 6% interest till realization of the amount.
Courtesy: Times of India