DR. SANJAY GADEKAR Vs. SANGAMITRA @ SANDHYA KHOBRAGADE

JUDGEMENT

(1.) The complainant, Ms. Sanghmitra Khobragade, who was suffering from abdominal pain, visited Government Medical College and Hospital (GMCH) at Nagpur. USG was performed and she was diagnosed as a case of 'gall stones' (cholecystitis with cholelithiasis). Therefore, she was advised to contact OP-Dr. Sanjay Gadekar for removal of gall bladder and stones by laparoscopic surgery. After consultation with OP on 16-02-2001, the patient got admitted next day The surgery was performed on 17-02-2001. It is alleged that, instead of laparoscopic surgery, the OP performed open cholecystectomy. The consent was obtained from the patient and husband on the dotted line on a blank form. The patient was discharged on 09-03-2001. It is alleged that the patient was never cured and developed complications of oozing of yellowish fluid through the drain. During post-operative follow up, it was not healed. She developed deep jaundice, became restless. Due to her uneasy condition, on 10-04-2001 she again approached GMCH as an outdoor patient .The doctor at GMCH advised the patient to contact a specialist either at Hyderabad or Mumbai. Therefore, the patient was taken to Shrikhande Hospital, Mumbai where she underwent major surgery on 21-04-2001 i.e. an end-to-side jejuno-jejunostomy. The operation lasted for 8 1/2 hours. The patient recovered and was discharged on 30-04-2001. Therefore, what all had happened, was due to negligence on the part of OP which caused post-operative complications. She incurred huge expenses, suffered mental agony, as her 1 1/2 year child was deprived of love and care. Thus, the complainant alleged that instead of laparoscopic surgery, as promised, the OP carried out, open cholecystectomy, without explaining the consequences. Hence, on the grounds of medical negligence, the complainant filed a complaint against the OP, before the Maharashtra State Consumer Disputes Redressal Commission (for short the State Commission) claimed compensation of Rs.8,50,000/- with penal action.

(2.) The State Commission allowed the complaint and directed the OP to pay compensation of Rs.8,50,000/- to the complainant along with interest at the rate of 9% per annum from the date of filing of this complaint and also awarded cost of Rs.25,000/-.

(3.) Aggrieved by the impugned order of the State Commission, the OP, Dr. Sanjay Gadekar filed this first appeal.