Nursing Home in Mumbai to pay 21 lacs for Medical Negligence
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The State Consumer Disputes Redressal Commission, Maharashtra ordered a Nursing home in Mumbai to pay 21 lacs to the family of a diseased patient for medical negligence in removal of C.B.D stones
The case is that of one Smt Geeta Ravindra Mangaonkar who passed away after developing septicemia which was alleged to be due to medical negligence of one Dr Hemant Kulkarni at Tushar Maternity Surgical Nursing Home, at Goregaon, Mumbai to remove stones from gall bladder and Common Bile Duct through an open surgery.
According to the court
“No explanation coming forth on behalf of the opponent no.1 ( Dr Hemant) as to why as a prudent medical professional why he tried to risk the life of patient by carrying out open surgery for removal of stones and the broken basket when he was unable to trace the location of the stone in CBD. Had he taken the decision to refer the patient to KEM Hospital instead of carrying out operation at his own Nursing Home, which was not capable of dealing with complications as the one in case of the complainant. On carefully going through the case papers of his Nursing Home, we do not even find the USG report to indicate presence of stones in gall bladder and in the CBD except the notes appearing in the nursing home case papers to that effect. We are not in agreement with Mr.Jaywant that opponent tno.1 exercised due care and caution to deal with patient. No authentic text material is on record to establish that opponent no.1 has followed standard protocol of treatment.”
The case is that of one Smt Geeta Ravindra Mangaonkar who passed away after developing septicemia which was alleged to be due to medical negligence of one Dr Hemant Kulkarni at Tushar Maternity Surgical Nursing Home, at Goregaon, Mumbai to remove stones from gall bladder and Common Bile Duct through an open surgery.
According to the court
“No explanation coming forth on behalf of the opponent no.1 ( Dr Hemant) as to why as a prudent medical professional why he tried to risk the life of patient by carrying out open surgery for removal of stones and the broken basket when he was unable to trace the location of the stone in CBD. Had he taken the decision to refer the patient to KEM Hospital instead of carrying out operation at his own Nursing Home, which was not capable of dealing with complications as the one in case of the complainant. On carefully going through the case papers of his Nursing Home, we do not even find the USG report to indicate presence of stones in gall bladder and in the CBD except the notes appearing in the nursing home case papers to that effect. We are not in agreement with Mr.Jaywant that opponent tno.1 exercised due care and caution to deal with patient. No authentic text material is on record to establish that opponent no.1 has followed standard protocol of treatment.”
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