Stent not Removed After PCNL: Hospital, surgeon Slapped Rs 35 Lakh Compensation for Deficiency in Service

Patna: The District Consumer Disputes Redressal Commission, Patna, recently directed a hospital and its doctor to pay Rs 35 lakh as compensation and Rs 1 lakh as litigation costs to a patient who suffered complications after undergoing PCNL surgery at the facility and lost his opportunity to go abroad and pursue his career.

During the consumer complaint case proceedings, an expert panel noted that the ureteric catheter left in place during PCNL was not removed during the follow-up stage on RT side but Left left-sided Stent was removed. RT-sided Stent left was the cause of morbidity of the patient.

Apart from asking the hospital to pay compensation, the consumer court also directed to it refund Rs 1,90,000 to the complainant along with interest @of 18% per annum from the date of filing the case i.e. 04.09.2012.

The history of the case goes back to 2011 when the patient, who had obtained a passport for going and working in Abu Dhabi, was diagnosed with stones in both kidneys. He was granted one month for the removal of stones. He visited Ruban Memorial Ratan Stone Clinic Southeast Gandhi Maidan Patna. He met surgeon Dr. Singh, who advised the removal of stones through surgery and informed him that the treatment would cost Rs 1 lakh. The doctor had allegedly assured the complainant that he would be fit and fine within a month and would visit the foreign country for his job.

After admission to the hospital from 01.02.2012 to 04.02.2012, the patient was operated on and was discharged on 4th February. He was advised to meet the doctor for a follow-up after 15 days.

It was alleged that the doctor informed the complainant that during the process of removal of the stones, two pipes had been fitted which required to be removed and the expense for the removal would be Rs 20,000. The process was completed and the complainant returned home. After two days, he was feeling unwell and therefore consulted the local doctors. 

It was later detected that one pipe was left in the complainant's abdomen and X-ray report mentioned that the right-sided ureteric catheter was seen. Allegedly, when the complainant approached the treating doctor, he demanded Rs 70,000 for the removal of pipes and apologized for an earlier mistake. 

Consequently, the patient filed a consumer complaint alleging deficiency in service on the part of the hospital and treating doctor and alleged that the doctor deliberately left the pipe in the abdomen and charged Rs 20,000 and Rs 70,000 for the same. The complainant claimed that appropriate and standard treatment was not provided by the treating doctor and hospital.

Since no one appeared on behalf of the doctor and the hospital, hearing of the case proceeded ex-parte as per the order dated 09.03.2016. The Commission also received an expert medical report which was signed by four members & the Chairman (Civil Surgeon and CMO, Patna) of the Medical Board.

From the available reports, the expert panel noted that the ureteric catheter left in place during PCNL was not removed during follow up stage on RT side but Left sided Stunt was removed. RT sided Stent left was the cause of morbidity of patient.

The report compiled by the Medical Board concluded that "on the basis of the available reports, it can be said that there is negligence in the part of treating Surgeon Dr. *** Singh at Ratan Stone Clinic & Ruhan Memorial Hospital."

Therefore, the question that was being considered by the District Consumer Court was whether they were liable for deficiency in service for treating the complainant and whether the complainant was entitled to the claim as prayed for.

"After perusal of the report, it is crystal clear that both the O.Ps are. liable for deficiency in service," observed the District Commission.

"Since, the complainant had gone through various medical tests conducted by CCI for serving his job in gulf country as a tuba welder and he was supposed to report to Murnbai within a month after removal of stones from the Kidney but due to negligent act by the both the opposite parties, complainant was unable to report. to Mumbai in stipulated time. Complainant Could not join his duty in Abu Dhabi & consequently he lost his job and definitely it has been occurred because of negligence by the O.Ps," the Commission further noted.

Under these circumstances, the District Commission held both the doctor and hospital equally liable for deficiency in service while noting that the complainant lost his golden opportunity to work in foreign countries to earn a handsome salary and also "due to negligent act of O.Ps, the life of complainant was in danger."

Accordingly, the Commission directed the hospital to refund Rs 1,90,000 to the complainant along with interest @of 18% per annum from the date of filing the case i.e. 04.09.2012. The hospital was also ordered to pay Rs 16 lakh compensation for inconvenience, job loss, mental agony & physical harassment suffered during the last 12 years during the pendency of the case. Further, the consumer court asked the hospital to pay Rs 50,000 as cost of litigation.

On the other hand, the doctor was asked to pay Rs 19 lakh as compensation to the complainant for inconvenience, job loss, mental agony & physical harassment suffered during the last 12 years during the pendency of the case and Rs 50,000 as litigation cost.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/rameshkumaryadavvsrubanmemorialhospitalpatnadcdrc-259282.pdf

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