PURUSHOTTAM PAREEK Vs. GOVIND S. DHAVALE

JUDGEMENT

(1.) The present Complaint has been filed under Sec. 21 of the Consumer Protection Act, 1986 (for short "the Act") by Mr. Purushottam Pareek and Mr. Om Prakash Pareek the husband and son of the deceased patient (hereinafter referred to as the 'Complainants') against the Yamuna Surgical And Maternity Hospital (OP-3) and the treating doctors - Govind S. Dhavale (OP-1) and Dr. Mithari Sharad Rajaram (OP-2) seeking compensation amounting to Rs.1,62,14,214.00 for the act of medical negligence.

(2.) Mrs. Rajudevi, the wife of Purushottam Pareek (Complainant No. 1), aged 49 years (since deceased, hereinafter referred to as, the 'patient') was suffering from a Gynaec problems, consulted OP-1 Dr. Govind S. Dhavale on 23/5/2014 at Yamuna Surgical & Maternity Hospital, Ichalkaranji (for short 'OP-3' - 'Yamuna Hospital'). It was alleged that OP-1 created fear in the mind of the patient and advised to get her immediate surgery for removal of uterus (hysterectomy). Lab investigations revealed Hb% was 8.4 g% (anaemic). On 25/5/2004, Dr. Mithari Sharad Rajaram - Anaesthetist (OP-2) carried out pre-anaesthetic check-up and listed as the Patient for abdominal hysterectomy. On 26/5/2014, the patient got admitted in Yamuna Hospital (OP-3) under care of OP-1. The OP-1 told as it was a routine surgery and there was no risk. It was alleged that on 27/5/2014 the OP-1 performed the surgery without taking informed consent for surgery and anaesthesia. He removed uterus and further, allegedly, removed appendix without any indication and without consent. The appendix was not sent for histopathology. The patient was brought out of the Operation Theatre (OT) in unconscious state. Thereafter, in the evening, she was referred to Nirmaya Hospital in the coma stage. It was diagnosed as a case of 'Hypoxia'. On the same day at 9 pm, the patient was discharged from Niramaya Hospital and admitted to Aster Aadhar Hospital, Kolhapur. She remained there till 19/6/2014 and shifted her to Kokilaben Hospital, Mumbai, where she during treatment breathed her last on 2/7/2014.

(3.) Being aggrieved, on 23/9/2014, the patient's husband filed a police complaint. The police referred the matter to Medical Board at cpr Hospital, Kolhapur, which gave opinion on 20/4/2015 that there was medical negligence, hence FIR was registered. The Complainants also filed another Complaint before Maharashtra Medical Council (MMC) at Mumbai. The Consumer Complaint was filed under Sec. 21 of the Consumer Protection Act, 1986 against the Opposite Parties before this Commission for alleged medical negligence and deficiency in service causing death of the patient. The Complainants prayed Rs.1,62,14,214.00 compensation from the Opposite Parties.