RENUKA MALL Vs. DR. MOHIB HAMIDI

JUDGEMENT

(1.) Heard Mr. Kumar Dushyant Singh, Advocate, for the complainant and Mr. K.G. Sharma, Advocate, for opposite party-1.

(2.) Mrs. Renuka Mall has filed above complaint for directing the opposite parties, jointly and severally, to pay (i) Rs. 10000000.00 with interest @24% per annum, from the date of filing of the complaint till the date of payment, as compensation for deficiency in service, mental agony and harassment; (ii) Rs. 800000.00 with interest @24% per annum, from the date of filing of the complaint till the date of payment, towards medical expenses incurred by her; (iii) Rs. 100000.00 as litigation costs; and (iv) any other relief, which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that Mrs. Renuka Mall (the patient) was a lady of an entrepreneur, happens to be very hale and hearty and having very good health appetite. The patient realized pain in lower abdomen and visited Dr. Sanchita Biswas, M.D. and discussed with her as a OPD patient at Kailash Hospitals Ltd. on 7/4/2015, who advised for ultrasound of whole abdomen. In ultrasound report dtd. 7/4/2015, presence of cyst in ovary was found, while both the kidneys were found in normal size, shape & position and no calculus was seen. MRI of pelvis was also conducted and report dtd. 7/4/2015 revealed complex right tubo-ovarian space occupying lesion with grossly dilated right fallopian tube and a large well defined cyst with haemorrhage content. The patient showed her reports to Dr. Sanchita Dube Ghonge on 8/4/2015 and consulted with her, who advised for surgery after menses. The patient again consulted with Dr. Sanchita Biswas on 9/4/2015, who advised for removal of uterus and ovary. N.K. Mall, the husband of the patient talked Dr. Mohib Hamidi (OP-1) on 14/4/2014 on phone to discuss above problem. During discussions, OP-1 asked to meet him on the next day at Yasharth Wellness Super Specialty Hospital (OP-2). The patient along with her husband went to the hospital (OP-2) on 15/4/2015 and met with OP-1, showed her medical reports and discussed with him. OP-1 assured them that there was nothing to worry and he would operate and remove the uterus and ovary. He also told that the menses was not a problem for operation and asked to admit in the hospital (OP-2) on the next day for operation. The husband of the patient asked to conduct operation in Max Hospital as OP-1 was also associated with Max Hospital, which was better equipped with medical facilities, OP-1 confidently convinced the patient and her husband that the hospital OP-2 had same facilities and in fact provides better services that any other hospital. Believing upon honey coated words of OP-1, the patient and her husband decided for operation in the hospital OP-2 and got admitted on 16/4/2015. The patient asked for presence of a lady gynaecologist at the time of operation, for which, OP-1 assured. OP-1 conducted operation of abdominal hysterectomy on 16/4/2015 and removed uterus and ovary of the patient, without there being any lady gynaecologist. After operation, the patient was shifted in room, in the hospital OP-2, where she remained admitted for six days and discharged on 21/4/2015. Before discharge, USG screening of the complainant was conducted on 21/4/2015 and USG screening report dtd. 21/4/2015 noted "left side mild hydronephrosis" in the kidney of the patient, which was also pointed out by the husband of the patient to OP-1 but OP-1 did not prescribe any medicine for it and ignored it. Pain in back left side abdomen started to the patient on 27/4/2015, then she again visited the hospital OP-2 on 27/4/2015 and met with OP-1, who again admitted her in the hospital and once again carried USG screening and again in the report dtd. 27/4/2015, noted "left side mild hydronephrosis" in the kidney of the patient. However, again no treatment or precaution was prescribed by OP-1 and 2 and they ignored symptom of ureter failure. At this time, the patient was admitted for three days in the hospital OP-2 and discharged on 29/4/2015. Suffering of the patient did not end and regular discharge started. The husband of the patient discussed the problem with OP-1, who advised to consult with Dr. Suman Mahela (gynaecologist) in the hospital OP-2, then the patient along with her husband visited the hospital OP-2 on 25/5/2015 and consulted with Dr. Suman Mahela, who prescribed some medicines. In continuation of suffering now in the form of problem of involuntary leakage of urine started, then the patient again visited the hospital on 27/5/2015 and the patient was admitted in emergency by OP-1. The cystoscopy + bilateral RGP (Retro Grade Pyelogram) with left URS (Ureteroscopy) were done by Dr. Manoj Agarwal in the hospital OP-2. This time also, no lady gynaecologist was present. Although the patient was diagnosed of urinary incontinence but OP-1 prescribed for cystoscopy test. The OPs did not supply the test reports. The patient was discharged on 28/5/2015. The patient did not get any relief. In continuation of her suffering, she again visited the hospital OP-2 on 3/6/2015. At this time, she was told to carry out her Vesico Vaginal Fistula (VVF) repair. VVF is an abnormal fistulous tract extending between the bladder and the vagina that allows the continuous involuntary discharge of urine into vaginal vault. Said VVF had been developed due to negligence in carrying out aforesaid operation of the patient. OP-1 once again admitted the patient on 3/6/2015, in the hospital OP-2. USG abdomen whole of the patient was carried out. In the USG report dtd. 3/6/2015 noted "left side mild hydronephrosis" in the kidney of the patient. The patient was operated for Endopylotomy + Ureteroscopy + VVF repair on 8/6/2015 by the team of Dr. Mayank, Dr. Manoj and Dr. Mohib Hamidi. The operation continued for eight hours. Ureteroscopy was done without any prior information to the patient and her husband. The OPs again did not supply the test reports. VVF repair failed as leaking again started after eight days of surgery. The OPs discharged the patient on 17/6/2015 and referred to Urology Department of A.I.I.M.S., New Delhi for expert opinion and further management. The patient visited A.I.I.M.S., New Delhi on 17/6/2015 and consulted with Dr. Prabhjot Singh. The patient thereafter consulted with Dr. Mayank Gupta on 14/7/2015, 17/7/2015 and 31/7/2015, who prescribed some medicines. Although the patent followed the prescription but did not get any relief. The patient went to Max Hospital on 12/8/2015, where she was examined by Dr. (Prof.) Anant Kumar, who advised for CT scan. CT scan report dtd. 14/8/2015 showed that left ureter was damaged, due to post surgery, which in turn caused delayed excretion in left kidney. The patient went to A.I.I.M.S., New Delhi on 11/9/2015 and consulted with Dr. Ashish Saini, who advised to carryout cystoscopy, which was done and the report dtd. 11/9/2015 showed there were openings in bladder due to earlier surgery. The patient again visited Dr. (Prof.) Anant Kumar on 21/9/2015, who advised for 'kidney function test', which was done in Jaypee Hospital on 22/9/2015 and in the report it was found that left kidney was not functioning properly. The patient again went to A.I.I.M.S., New Delhi on 24/9/2015 and consulted with Dr. Ashish Saini, to save her kidney, who advised for using catheter. Accordingly catheter was put upon the patient. On 9/10/2015, nephrostogram was conducted in A.I.I.M.S., New Delhi and report dtd. 16/10/2015 was given, showing no improvement. Due to continuous suffering, the patient was advised to remove left kidney. Thereafter, the patient was admitted in Max Super Specialty Hospital, Saket for VVF repair and removal of left kidney, where left laparoscopic nephrectomy with cystoscopy + right DJ stenting + laparoscopic VVF repair were done on 28/10/2015 and she was discharged on 2/11/2015. The complainant alleged that in Ultrasound Reports dtd. 21/4/2015, 27/4/2015 and 3/6/2016 "left side mild hydronephrosis" in the kidney of the patient was found but the OPs did take any step for its treatment and committed gross negligence in treatment of the patient. Due to prolonged hydronephrosis, her left kidney was damaged. During treatment right from 7/4/2015 till her discharge on 2/11/2015, the patient spent huge amount of money in her treatment, travelling etc. She suffered lot of pain and her entire family suffered from mental agony. Her elder son was studying B.S. (Engineering) in USA at State University of New York. Due to prolonged critical condition of his mother, he had to visit India several times during this period. Younger son was studying in 12th class. Due to illness of the mother, his study was also seriously affected. The complainant was doing business in the name of M/s. ACG Infratech. Due to her illness, turnover of her firm has got down to Rs. 34.00 lacs in the year 2015-2016 from Rs. 2.00 crores in previous year. On account of above losses, consolidated damage of Rs. one crore has been claimed. The complainant gave legal notice dtd. 15/2/2016, calling upon the OPs to pay above damages. OP-1 in his reply notice dtd. 3/3/2016, denied his liability. Then this complaint was filed on 8/9/2016, alleging deficiency in service on the part of the OPs.