SUNIL ADHYE Vs. SHAILESH PUNTAMBEKAR

JUDGEMENT

(1.) THIS consumer complaint refers to deficiency in service on the part of opponents i.e. doctors and hospitals when the complainant Sunil had received treatment for surgical corrections for Hernia and the complications which arose during the operation.

(2.) IT is a case of complainant Sunil (complaint is filed through his wife Yashashri) that he was enjoying a sound health on 25.9.2008. He had noticed a bulge on the right side of his abdomen and, therefore, on the following day he had consulted his family doctor, Dr. M.G. Paranjape. It was diagnosed that he was suffering from Hernia, which was required to be repaired surgically. Since the complainant was knowing to opponent No.1 Dr. Shailesh Puntambekar, who is Consultant Oncosurgeon & Laparoscopic Surgeon, consulted him and after coming to know that opponent No.1 Dr. Shailesh Puntambekar himself can operate upon the complainant, complainant gave his consent and got himself admitted at opponent No.2 Galaxy Laparoscopy Institute on 1.10.2008. The surgery was planned for the same day. At the time of surgery, opponent No.3 Rajashree Godbole was an Anesthetist. Prior to the surgery, as a Physician, Fitness certificate for surgery was obtained from opponent No.4 Dr. Prachee Sathe, who is also a Director of Department of Critical Care Medicine at opponent No. 5 Ruby Hall Clinic at Pune. After the complications which arose at the time of operation, for critical care, the complainant was shifted on the evening of 2.10.2008 to opponent No. 5 Ruby Hall Clinic under the guidance of opponent No.4 Dr. Prachee Sathe and was under treatment at Ruby Hall Clinic during his stay there during the period 2.10.2008 to 27.11.2008 under the care of opponent No. 4 Dr. Prachee Sathe. The complainant was at the ICCU unit of Ruby Hall Clinic during the period of 2.10.2008 to 7.11.2008.

(3.) IT is further stated on behalf of the complainant that on 1.10.2008, complainant was taken for the surgery to the Operation Theatre at 1.00 p.m. and his wife and other relatives including Dr. Madhuri Joshi, who is Mother -in -law of complainants brother were waiting in the visitors area. Around 2.45 p.m. wife of the complainant and Dr. Madhuri Joshi noticed some hastic activities amongst the doctors and hospital staff. They tried to get information but in vain. Around 4.00 p.m. Dr. Geetanjali Agarwal who is one of the surgeons at opponent No.2 Institute told to the wife of the complainant, his mother and Dr. Madhuri Joshi that the complainant had a cardiac arrest on the operation table and, therefore, the operation was abandoned and she further assured them that there is no need for any anxiety. Around 6.00 p.m. opponent No.1 Dr. Shailesh Puntambekar further met complainants wife and other relatives and briefed them as to what had happened during the operation and also told them that as soon as he took an incision under the umbilicus, he discovered that there was no blood flow and, therefore, when he looked up to the Monitor, he saw that patient had cardiac arrest, and they immediately took the resuscitative steps. On the evening itself on that day Dr. Hiremath, who is renowned Cardiologist of Pune was summoned to examine the complainant and so also opponent No.4 Dr. Prachee Sathe. On 2.10.2008, condition of the complainant did not show any sign of improvement and in the evening he was shifted to Rubi Hall Clinic after informing the relatives. According to the complainants wife, though she wanted to shift complainant at nearby Sahyadri Speciality Hospital, the complainant was shifted to opponent no.5 -Ruby Hall Clinic and this way opponent No.4 Dr. Prachee Sathe has aided and abated in covering up the acts of opponent Nos.1, 2 & 3. At the ICU of opponent No.5 Ruby Hall Clinic where the complainant was kept between 2.10.2008 to 7.11.2008, wife of the complainant further came to know that the complainant had suffered from Hypoxia of Brain due to cardiac arrest. She alleged deficiency of service on part of opponent No.5 Ruby Hall Clinic since according to her, due to negligence on the part of the said Clinic, complainant was infected with bed sores. After discharge from opponent No.5 Ruby Hall Clinic on 27.11.2008, complainant has left as totally maimed, crippled, incapacitated organism in a vegetative state. Complainant had lost the memory and could not recognize anyone as well as could not focus his sight and did not seem to be with the surrounding. Complainant suffered lack of control on bowels and bladder (incontinence in respect of stools and urine), could not talk or follow what was said to him. Under the circumstances, complainants Brother -in -law contacted opponent No.1 Dr. Shailesh Puntambekar for settlement in terms of monetary compensation but in vain and, therefore, ultimately, consumer complaint came to be filed. As far as Anesthetist Rajashree Godbole is concerned, according to the complainants wife, in a Fitness Certificate, opponent No.4 Dr. Prachee Sathe certified for general Anesthesia. The Anesthetist chosen to give spinal anesthesia and, thus, exhibited her medical negligence. Complainant developed bradycardia on the operation table was a result of such negligence of giving spinal anesthesia.