The patient had undergone a laser surgery to remove stones from the ureter. But the operation failed.
The state consumer commission dismissed a case put forth by the district forum of Bharuch accusing a doctor of medical negligence. The commission observed that a doctor cannot be accused of carelessness in the event of a failed operation.
According to the case filed by the forum, Bharuch resident Bipinchandra Kayasth was diagnosed with kidney stones. Kayasth, on the advice of his family doctors, consulted Dr Hiren Shah in Bharuch who said that he had a 1 cm stone in his ureter.
Shah suggested him three therapies for the removal of the stone and he chose the one involving laser treatment.
However, the treatment allegedly failed due to technical difficulties. Kayasth was then asked to go for an operation to be performed by Dr Kartik Joshi.
This operation also allegedly failed following which he got operated by another doctor.
He then issued notices to Dr Shah and Dr Joshi, accusing them of medical negligence, which led to the failure of the first two operations. He also filed a consumer complaint with District Consumer Redressal Forum, Bharuch. The forum (order dated April 19, 2008) directed both doctors to pay Rs34,000 with interest to Kayasth.
Aggrieved by the said order, Dr Shah moved State Consumer Commission which dismissed the complaint filed by Kayasth, discharging both the doctors of the fine.
The commission maintained that to hold a doctor accountable for negligence, the complainant needs to prove that the doctor failed to perform his duties or follow procedure. The body also criticised the order passed by the forum as there was no justifiable reason for holding the doctors responsible for failure of operation.
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