SAMBALPUR: The District Consumer Disputes Redressal Forum, Sambalpur has slapped a fine of around Rs 80 lakhs on two doctors besides a private hospital in Sambalpur holding them guilty of medical negligence in the surgery of a patient who underwent trauma and lost his job.
In the order passed by the forum on Tuesday, the two doctors Dr Suraj Jain, posted at Veer Surendra Sai Institute of Medical Sciences And Research (VIMSAR), Burla and Dr. Sanjay Bhoi of city-based Sparsh City Hospital have been directed to pay a compensation of Rs 20 lakhs each to the patient. Besides, the hospital too has been asked to pay the same amount as compensation.
According to reports, on November 9, 2017, the complainant and patient, Sumit Dash of Modipara in Sambalpur, who was 24-years-old then, met with an accident and sustained multiple fractures in his leg, foot, and hand. He was immediately rushed to VIMSAR Hospital in Burla for treatment.
However, the attending orthopaedic at VIMSAR Dr Jain allegedly advised Dash’s family to shift him to a private hospital for surgery stating that he can be operated only after four days at the government hospital while he can be immediately operated in a private hospital. As per the doctor’s advise, the patient was shifted to the private hospital where he underwent surgery and stayed for 12 days, spending Rs 1.26 lakhs including Rs 42,200 as doctor fees.
During the pre-operative consultations, the family of complainant had requested Jain and assistant surgeon, Bhoi to opt for titanium implant and not stainless steel implant irrespective of the cost. However, the doctors went against his wish and fixed stainless steel implant.
Within a few months of surgery, the patient complained of pain on his right ankle and pus was formed around one of the screws implanted within. Though the patient approached Dr Jain, he only kept prescribing medicine to control the infection. Soon, the infection worsened.
Eventually, Dash in August 2018, was compelled to move to a private hospital in Visakhapatnam where he was admitted for around two weeks and warranted a corrective surgery which cost him Rs 1,38,397. The corrective surgery resulted in multiple deformities in the treatment site including shortening of his right leg and the patient underwent treatments, operation and physiotherapy to restore normal functionality.
Dash who had got the job offer of systems engineer at Infosys with a monthly salary of Rs 27,084 lost his job owing to his health condition.
The court ruled that in case of non-payment of compensation within a month of the order, the defendant will be liable to pay interest of 12% per annum until realization. This apart, the consumer court has also ordered to pay another Rs 18,66,140 which includes Rs 2,41,101 spent by the complainant towards medical expenses and a pecuniary loss of Rs 16,25,040 which the complainant suffered for about 60 months after losing his job.
Lawyer of the complainant, Prem Prakash Panigrahi said, “The negligence in treatment has caused lasting repercussion on my client which will continue throughout his life. The judgement will serve as an example.”