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Consumer Forum fines doctors for faulty hospital machinery

Consumer Forum fines doctors for faulty hospital machinery

Mumbai : Sion hospital, one of Mumbai’s biggest government hospitals as well as three doctors associated with it have been slapped with a compensation of around Rs 7 lakhs, recently by the Consumer Disputes Redressal Forum.

The fine comes after a woman suffered severe burns while undergoing a bypass surgery as the electrical equipment used to maintain body temperature allegedly went up to a high of 45°C during the surgery.

The case goes back to year 2000, when one patient Kamal Dhawan went to Sion hospital for a bypass surgery. The surgery was performed under the overall supervision of Dr Anil Tendulkar, with Dr Kumud Golam as the anaesthetist as well as two doctors, one whose name was deleted from the complaint and Dr Nityanand Thakur as assistant surgeons.

The patient alleged that during the surgery an electrical equipment was used to maintain the body temperature and she complained to the doctor that the OT table was extremely hot.  She further alleged that despite this, the doctors doctors ignored complaints, and tried to force her down to the table, despite her screaming. Thereafter she went under the effect of anaesthesia. When she regained consciousness post the surgery, she had developed severe blisters on her back due to her burns and was in severe pain.

The complainant added that Dr Tendulkar on noticing her condition enquired with the concerned doctors about the cause and was informed that this happened as the monitor for the equipment was faulty and showed 45 degrees

TOI reports that she was then kept in the ICU for 4-5 days and again shifted to general ward. She claimed that she was burnt on her entire back especially under the shoulders and skin on both buttocks due to overheating on the operation table. When she received no response to her notices, Dhawan filed the complaint in 2007.

The concerned doctors informed the court that they could not be held responsible for the faulty machinery/defective instrument provided by the hospital. The court however, refuting their argument, held them responsible.” It was the responsibility of the doctors to check the instruments before use. They are responsible for the operation as well as the consequences.Burn injuries were caused during operation therefore they are equally liable along with the hospital,” the forum stated.


14 comment(s) on Consumer Forum fines doctors for faulty hospital machinery

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  1. user
    dr. srer Lakshmi July 22, 2016, 4:46 pm

    Responsibility lies with doctors to check everything is in order. WHO surgical safety check list should be followed,beach time and every time

  2. user
    Dr Ghanshyam Lal Gupta July 23, 2016, 1:42 pm

    What about the responsibility of one who supplies the faulty equipment and one who is suppose to maintain it? If this is entire responsibility is of surgeon then if a roof tiles , fan, operating light fall in the theater that also should be the responsibility of the doctor and he should come every day , climb on the ladder and check that roof tiles or cement ,ceiling fan if any, theater light are strong enough ,not to cause any mishappening .What a ridiculous thing it is!
    I strongly believe that for every equipment and gadget used either in operating theater or any where else, be it railway or construction of a building , one individual should be made responsible for its maintenance and he or the manufacturer only should be held responsible for any untoward happenings..

  3. This is the bullshit decision given by the court. Its the state govt.responsibility and the other helper staff deputed in the OT for this work. If the doctor refuses to treat because of the faulty equipments then he requires bribe and is guilty and if he do it then mishappenings occur then also he is responsible. This is bull shit on the judiciary and the govt.

  4. if this the state of affair against the doctors working in govt hospitals ,what is the reaction of the court against private hospitals. If any technician does not work properly and doest not discharge hisduty properly ,if the doctor is made resposible . I dont know in course of time no doctor is interested to work and no body is interested to take any emergency case and in that situation you blame the doctor for not having done any thing to the patient, then also he is punishable. It is easy to blame doctor than anybody in the society. He is harmless creature,any amount of harm can be done either physical ,mental . He is already under lot of pressure added to this society and court puts lots of rules obligations on doctor professsion .
    It is pathetic part of doctor ,most of the he thinks instead of joining this profession if he has joined in other profession ,he would have led happy life without the fear of court and man handling situations.
    I request the court think before giving any verdict againt the doctor, because he is very sensitive person on this earth ,only thinks of welfare of the patient and relatives.Never thinks bad prognosis even the patient is on death table.Please dont blame the doctors for everything which goes against patients expectation,we only can treat to human level ,we are not god to treat any case and assure positive out come.we treat and god saves them .this is the opinion of all the doctors. keep the position of the doctor above all other wise healthcare standards will come to a standstill.

  5. user
    ramana nutanapati August 26, 2016, 11:48 am

    Dear fellow doctor, we are discussing these issues on this website. well we are getting better. May be 10 years ago there was no discussion at all. Now we should move one more step ahead. All government doctors should check their operation theatre, make a report and ask for facilities in writing to the concerned authorities. And they should not operate without proper facilities. Most of the government doctors take the risk on their own in the best interests of the patient. See what the patient has done to the doctor. they don\’t care for doctors. May this is the time doctors group think of counters to the case while it is still in the hearing stage and not after the judgement is pronounced.

  6. user
    Dr Ghanshyam Lal Gupta July 23, 2016, 2:05 pm

    Very well said. If this state of affair continues than either hospital and doctors get themselves heavily insured or else will appoint more technicians to maintain each and every equipment and gadget used in or outside the op. theater . All this financial burden will be passed on to the patients in double or triple amount making private medical services beyond the reach of ordinary middle classes and govt. hospital waiting list would mount to such a degree that even after 3 yrs people won\’t get date for planned operations

  7. It\’s dr responsibility say something when term g and rectifying it. We come to them to heal not for more just . Very just ruling . I have burns no leg and led of movement and suing hospital and dr.

  8. It is the duty of hospital administration to check the equipments

  9. rightly said

  10. user
    Dr Ghanshyam Lal Gupta July 21, 2016, 12:23 pm

    Further to previous comment I would like to add here that company supplying the faulty warmer bed who should have primilarily been made responsible for such injury was left free. A great injustice !

Source: with inputs

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