Orthopedic Surgeon Guilty Of Medical Negligence, Liable to pay Rs 15 Lakh compensation: Consumer Forum

Nagpur: Holding medical negligence by an orthopaedic surgeon during fracture surgery, the Nagpur-based Disputes Consumer Redressal Forum has granted compensation of Rs 15 lakh to a patient.

The patient filed a plea before the Forum asking for compensation of Rs 20 lakhs against the orthopaedic surgeon and the insurance company, which indemnified the doctor during treatment, alleging that the surgeon was negligent in discharging his duties.

The case goes back to the year 2012 when the patient who was a mason by profession met with an accident and received a fracture injury on his right leg. He, therefore, approached Hirachand Munot Criticare Hospital where he was admitted from 15th Feb to 4th March 2012.

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It was submitted in the plea that the patient got operated on 20th feb and 24th Feb 2012 for compound fracture shift tibia right side with fracture left side and later underwent another surgery on 11th Nov 2012 but could not get any relief. Later, he again went to the orthopedic surgeon for consultation and therefore operated for the fourth time on 11th March 2013 for non-union subtrochanteric femur right side.

Even after four repeated surgeries when the patient did not recover well, he sent a legal notice to the orthopedic surgeon on 9th April 2015 which was replied to by the doctor on 17th April 2015.

Left with no choice, the patient approached Consumer Forum and filed a plea for compensation for the damages caused to him due to medical negligence. The patient submitted in his plea that he had spent a sum of Rs 5 lakh as medical expenses for his treatment and was a mason by profession but because of the said operation he could not do his livelihood work and sustained a huge loss.

Responding to the plea, the counsel for the surgeon and the insurance company denied the allegations of medical negligence. It was submitted that the patient was operated on with all care and caution and guidelines of anatomy and the regeneration of the bones and the recovery of each person depends upon the health of that patient.

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It was also alleged by the opposite counsel that the patient was facing anemia and a chronic alcoholic and that there could be a possibility that he did not follow day-to-day advice given to him by the orthopedician or might have just slipped in the house.

It was stated that the orthopedic surgeon was not responsible for the pain of the patient and the matter was also referred to the medical board, Nagpur who had clearly opined that the fracture injury of the patient was cured and there was no negligence on the part of the orthopedic surgeon.

Hence, the opposite counsels requested the Forum to dismiss the plea filed by the patient.

Hearing both sides, the forum noted down that the defense taken by the counsel for the orthopedic surgeon being a chronic alcoholic was not accepted and it was held that the orthopedic surgeon conducted four surgeries one after the other while the fractured had not healed.

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The Forum made a conclusion that the surgeon was negligent and was trying to resile from his responsibility and that right before the fourth surgery the X-Ray of the patient showed that the screw was broken.

The Forum was of the opinion that the patient at the time of the operation was 35 years old with no ailment and at that age, the healing rate of any patient is higher than other patients and that it was a blunder mistake by the orthopedic surgeon.

"On either account, we hold that it was blunder mistake of opponent-doctor by leaving the patient in pain. When the screw of the operations was broken then nobody other than the opponent seems responsible. We don't find any impediment on the part of complainant in healing that the fracture injury. In these circumstances we hold that because of negligence of the opponent-doctor, the complainant suffered mental agony and 13 pain for life. It has deprived to the complainant to do his day to day business and livelihood. Ultimately we hold compensation is required to be fastened on the opponent no 1. However the opponent no 2 insurance company has indeminified profession of the opponent no 1. Hence it would be the joint responsibility of the both the opponents to pay the compensation."

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Hence, the Forum held the orthopaedic surgeon negligent and was of the view that the opinion of the medical board was in an attempt to protect him. Therefore, it was ordered that the patient was allowed the compensation for the medical expenses, loss of livelihood work, and mental agony of Rs 15 lakhs jointly by the orthopaedic surgeon and the insurance company as he was indemnified by the company during the course of treatment of the patient.

"After considering all the facts, circustmances and available evidence on record, we hold that the complainant has established the fact that the opponent doctor was negligent in performing his duties. Therefore the compensation of Rs.10/- lakh towards compensation and Rs.5/- lakh towards medical expenses can be fastened on both the opponensts. In view complaint deserves to be allowed".

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To read the judgment, click on the link:

https://medicaldialogues.in/pdf_upload/judgement2022-11-21-193503.pdf