The order was given after the SCDRC overturned the order of the District Consumer Disputes Redressal Forum (DCDRF) which had dismissed the appeal of complainant and patient, Siddiqui Shah Nawaj Ahmed.
The State Consumer Disputes Redressal Commission (SCDRC) in an order directed the Bombay Hospital and a surgeon practising there to jointly pay Rs 1 lakh plus interest as compensation to a patient for deficiency in service.
The order was given after the SCDRC overturned the order of the District Consumer Disputes Redressal Forum (DCDRF) which had dismissed the appeal of complainant and patient, Siddiqui Shah Nawaj Ahmed. The order was given by Justice A P Bhangale, president of the commission and Dr S K Kakade, member of the commission. The order was pronounced on April 30, 2019.
The commission observed that there were no pre-surgical fitness notes or fitness certificate that is mandatory as per the protocol of surgical management of patients. So even though the doctor who is treating the patient is a competent surgeon, he has to take reasonable precautions and care in preoperative and postoperative stages.
The commission said that the complainant proved that the opposite parties did not obtain informed consent, and there was a deficiency in the documentation and informing about post-surgery care.
Siddiqui had gone in for surgery at the hospital. After the surgery, his hearing ability fell further. The patient had also alleged that the operation Stapedectomy was done hurriedly and without considering all the reports by the concerned operating surgeon. He had further alleged that the concerned surgeon wrongly conducted the operation and that corrective steps to treat the deafness that had resulted after the operation. However, the commission termed these allegations as negative. Stapedectomy is a surgical procedure of the middle ear performed in order to improve hearing.
However, the commission felt that services were short in case of informed consent and care that should have been given when it comes to the post-operative stage. It went on to state that a compensation of Rs 1 lakh with nine per cent interest per annum be paid from the date of filing the complaint, which is January 2012 failing which the interest will have to be paid at 12 per cent per annum.
Mismanagement
The commission observed that there were no pre-surgical fitness notes or fitness certificate that is mandatory as per the protocol of surgical management of patients
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