SURESH SHETTY Vs. B.D. SINGH & ORS.

JUDGEMENT

(1.) Trust has traditionally been considered a cornerstone of effective doctor-patient relationships. The need for interpersonal trust relates to the vulnerability associated with being ill, the information asymmetries arising from the specialist nature of medical knowledge, and the uncertainty and element of risk regarding the competence and intentions of the practitioner on whom the patient is dependent. Shri B.D. Singh, the complainant,(herein referred as patient ) an employee of M/s Borosil Glasswork Limited,(in short M/s Borosil ) met with an accident in the factory premises on 18.4.2001 and suffered serious crush injury on his left foot. Immediately, he was taken to OP 1/Dr. Balabhai Nanavati Hospital for treatment at about 10.30 a.m. After first aid, the patient was kept waiting in the ward. At 11.30 a.m., X-ray and other investigations were completed and emergency operation was lately performed at 4.00 p.m. Crucial time of 5 hours was lost. This delay attributed to losing of left foot of patient. OP 2 performed operations on three occasions to amputate the left foot piece by piece on 18.04.2001, on 23.04.2001 and 02.05.200, therefore the patient was hospitalized for a long time. Thereafter, on 16.05.2001 the complainant obtained discharge on the advice of his employer's panel doctor and approached another hospital i.e. Paramount General Hospital on the same day, under care of Dr. Utkarsh K. Angachekar, wherein, patient's left leg below the knee was amputated.

(2.) Therefore, it was alleged that, OP 2 at first instance, failed to assess actual need for amputation, but unnecessarily, performed three times amputation. It was a gross negligence. The complainant suffered severe mental trauma. The complainant suffered partial permanent disability, he is on artificial limb. Hence, the complaint was filed before the State Commission, Maharashtra in the month of Sept., 2001.

(3.) The State Commission vide its order dated 3.8.2015 allowed the complaint and directed the OPs 1, 2 and 3 to pay lump sum amount of Rs.6 lakh with interest @ 9% per annum from 11.9.2001 till realisation along with costs of Rs.25,000.00.