Thane doctor asked to pay up Rs 4 lakh for botched surgery

The Thane District Consumer Redressal Forum has ordered a doctor running a hospital at Sahad here to pay a compensation of Rs 4 lakh to a patient for a botched surgery which left him disabled for life.
Forum President Sneha Mhatre and members Madhuri Vishwarupe and ND Kadam also directed Dr Shree Vivek Malvi to pay an additional Rs 5,000 to complainant Digambar Vittal Rathod towards legal expenses.
According to the complainant, a resident of Ambivili in Kalyan, he met with a accident on July 31, 2013 near the Vittalwadi Railway Station injuring his right leg. He then went to the Central Hospital at Ulhasnagar where one person referred him to Dr Malvi stating that he was a good surgeon.

He went to Malvi's Mathoshri Kesarben Mohanlal Dedai Hospital where the doctor operated him following which he was discharged on August 13, Rathod told the Forum.
Thereafter he began suffering pain in his right leg which continued for long. When informed, the doctor put him on painkillers.
The complainant further stated that as the pain continued he went for a second opinion and was told that the operation carried out on his right has not been successful.

Rathod was advised removal of the screw in his leg and go for an implant once again which would cost him around Rs 2.5-3 lakh. He then brought this to the notice of the respondent (doctor) who simply gave him a disability (partial) certificate and asked him to continue with medicines.

As a result of the failed operation, Rathod told the Forum that he has been suffering excruciating pain as a result of which he cannot get up and move around. Moreover, due to his condition, he also lost his job and claimed a compensation of Rs 4 lakh from the doctor.
The complainant who worked as a Area Sales Manager with Swastik Tiles said that he was earning a salary of Rs 27,500 per month.
The Forum said that it had sent a notice to the respondent which was returned unclaimed after which it decided to conduct the case ex-parte against the respondent.

The doctor opposed this decision but Forum went ahead with the case.
The order said that by carrying out a faulty operation and by not getting the same rectified by another operation as suggested by the experts, besides asking the complainant to continue with the medicine amounts to deficiency in services.
Also, by only giving the patient a disability certificate the respondent had shirked his responsibility, the Forum noted.