RAGHAVENDRA RAOCOMPLAINANT Vs. SANTOSH J KARMARKAR

JUDGEMENT

(1.) Mr. P.N. Kashalkar, Presiding MemberComplainant filed this complaint against Dr. Santosh J. Karmarkar-O.P. No. 1 and Dr. K.B.N.S. Dod, Chief Senior Executive, Bai Jerbai Wadia Hospital for Children, Parel, Mumbai.

(2.) Grievance of the complainant is that he is 28 years old residing at Dombivali. O.P. No. 1 is a practising doctor retained in O.P. No. 2 s hospital. His grievance is that both of them are liable for gross medical negligence and deficiency in service rendered by them. He averred that he was suffering from urinary incontinence. He had undergone a treatment in Bombay Hospital, where Dr. B.K. Dastur of Bombay Hospital certified in letter dated 1.3.1983, that he was suffering from hyper reflexive bladder and other problems connected with urinary incontinence. In the year 1988, he had undergone treatment with Dr. P.V.A. Mohandas at Madras Institute of Orthopaedics and Traumatology. Dr. Mohandas certified by letter dated 17.11.1988, that complainant had normal motor power in the hips and both the knees and flail foot with incontinence of urine. He further pleaded that he had a medical checkup by Dr. V.T. Ingalhalikar. After thorough medical checkup, he reported a fair trunk balance and total Anesthesia below ankles. He pleaded that though he was physically handicapped, he was physically capable of doing day-to-day assignment as it could be done by normal person. He appeared for BCA course in Chennai and he could walk and get down from first floor of his residence and climb the bridge at Kalyan to board the train for Chennai for the purpose of paying the fees and submission of practical papers and appearing for exams at Chennai. So he had conducted degree course by Madras University from 1999 to 2002.

(3.) The complainant further pleaded that because of his urinary incontinence, he had to carry urinary bag. He intended to have medical control over automatic flow of urine and, therefore, he had approached hospital controlled by O.P. No. 2 on 10.5.2002, wherein Dr. Santosh J. Karmarkar was on duty. He explained his problem and on learning the problem, O.P. No. 1 told him that it was possible to have control over automatic flow of urine by conducting Bladder Augmentation with Appendicular Vesicostomy operation, as well as control over bowels by getting suitable operation at O.P. No. 2. He, therefore, directed complainant to get medical checkup for which complainant was asked to get admitted for 2-3 days at the hospital of O.P. No. 2. On 20.5.2002 Dr. Karmarkar further advised complainant that he should get admitted for medical checkup, but he was required to go to Chennai from 10.6.2002 to August, 2002. So on 23.9.2002, he approached O.P. No. 2 for medical checkup. Complainant found that the hospital was meant to cater the children upto the age of 15 years, but Dr. Karmarkar when pointed out, told him that he had obtained special permission from O.P. No. 2 hospital. O.P. No. 1 Dr. Karmarkar had conducted MCU test for capacity of bladder and urine test as well as sonography of bladder at O.P. No. 2 s hospital. According to complainant s allegation, in the sonography room of the hospital, there was no software installed for sonography of adults, but it was meant for children. When asked about absence of facility of scanner for adults, Dr. Karmarkar reportedly told that no sonography report was needed. So without sonography report, Dr. Karmarkar got complainant admitted for a major operation i.e. Bladder Augmentation with Appendicular Vesicostomy operation. It was performed on 7.11. 2002 by Dr. Karmarkar. But while performing the said operation, according to complainant, O.P. No. 1 did not deem it fit to carry out Appendicular Vesicostomy operation and it is a case of complainant that after operation, he is facing pain or numbness in the left leg. On 30.11.2002, complainant was discharged, but according to complainant, when he was examined by Dr Devpoojari on 6.1.2003, he opined that complainant was suffering from partial paralysis on the lower limbs. His grievance is that he was not given hospital papers relating to operation and he was required to approach Maharashtra State Human Rights Commission and thereafter he could get the hospital papers at the intervention of Maharashtra State Human Rights Commission and, therefore, he has filed this complaint alleging medical negligence against Dr. Kamarkar-O.P. No. 1 and hospital-O.P. No. 2.