DR. HEMEN S. KULKARNI M.S., D.N.B., TUSHAR MATERNITY AND SURGICAL NURSING HOME, PADMAVATI NAGAR BUILDING NO. 1, GENERAL A.K. VAIDYA MARG, NEAR DINDOSHI DEPOT, DINDOSHI, GOREGAON (EAST) MUMBAI Vs. DHANASHRI DHANANJAY SAVARDEKAR & ANR.

JUDGEMENT

(1.) On 5.11.2001, the complainant, Smt. Dhanashri Dhananjay Savardekar, took her mother, Smt. Geeta (herein referred as "patient") as she was suffering from abdominal pain, to Dr. Hemant Kulkarni, the OP-1, at Tushar Maternity and Surgical Nursing Home. The OP-1/appellant admitted the patient, started treatment by I.V. fluids, antibiotics and pain killers. On 07.11.2001, he performed ultrasonography (USG) of abdomen. Thereafter, OP-1 referred patient to Dr. Naresh Singh (OP-2), at Apollo Endoscopy Centre for ERCP (Endoscopic Retrograde Cholangio Pancreatography). On 08.11.2001, OP-2 performed ERCP. As per ERCP report, during procedure, the Dormia basket (instrument used to extract the stone) broke and got impacted. Therefore, OP-2 sent the patient back to OP-1, for open surgical removal of the stone and broken basket. On the same day, OP-1 performed open surgery, but he could not remove the stone/basket. After two days, i.e., on 10.11.2001, patient developed biliary leak around the T-tube. Therefore, it was careless treatment and negligence on the part of OP-1 and 2. Hence, the OP-1 himself admitted the patient to KEM hospital (in short KEM) at 10 PM. At KEM, patient underwent operations, on 14.11.2001 and 22.11.2001. According to the KEM reports, it is clear that, OP-1 and 2 lack necessary skill and knowledge, the OPs treated the patient negligently, the nursing home was ill equipped.

(2.) Therefore, the complainant's main allegation that, OP-1 failed to remove stone by open surgery. The Nursing Home of OP-1 was ill-equipped to carry out emergency operation. OP-1, on knowing it to be a complicated case, should have referred the patient to KEM Hospital instead of operating at his private nursing home. Therefore, patient's condition deteriorated further and later she was referred to KEM in a serious condition. It was due to incomplete medical treatment done by both the OPs, the patient died on 27.11.2001. The complainant further alleged that because of complications and precarious condition of the patient, her father suffered mental shock and died on 25/11/2001. Therefore, the complainant alleging medical negligence against the OPs, filed the complaint before State Commission, Mumbai claiming a sum of Rs.15 lacs, together with costs.

(3.) The State Commission partly allowed the complaint and directed OP 1 to pay Rs.10,00,000/- to the complainant, with interest @9% per annum, from the date of complaint, within a period of sixty days with costs quantified at Rs.25,000/-.