Ref. : ER/Press/’06/Santram.6/DG
In a case filed by Consumer Education and Research Society (CERS),
Ahmedabad, along with Mr. Rakesh Chandra Dave of Nadiad and his minor
son, Harsh, the Gujarat State Consumer Disputes Redressal Commission
has held Dr. Jitendra Patel, surgeon, Santram Hospital, Petlad, and
Dr. Mohenish I. Patel, radiologist, Anand, guilty of negligence leading
to the death of Rakesh’s wife Anjanaben and the foetus she carried.
The Commission ordered the two doctors to pay jointly and severally
to Rakesh Rs. 6,20,000 with 6 per cent interest from the date of complaint
till payment. It also ordered them to pay Rs. 10,000 each to CERS
and Rakesh towards cost.
The facts of the case are that on 7 February 1996 Anjanaben visited
Dr. Prakash R. Modi, MD, Gynecologist, Prabhulal Modi Hospital, Petlad,
for a pregnancy check-up. On his instruction, Dr. Mohenish Patel carried
out sonography the next day. A week later, her blood and urine were
also tested at the Santram Laboratory, Nadiad. The reports showed
8 weeks of pregnancy and a huge cyst over the uterus extending around
the umbilicus. Dr. Modi suggested that the cyst be removed to save
the foetus.
On 22 February 1996, Dr. Modi called senior surgeon Dr. Jitendra
Patel, M.S., Santram Hospital. After the operation, Dr. Modi informed
Rakesh that the upper portion of the mesenteric cyst was operated
but the lower portion would be removed later as the cyst was very
big. However, after the operation, the patient regained consciousness
and complained of severe pain in the abdomen and was not able to pass
urine.
Despite Dr. Modi administering her medicine, because of her fast
deteriorating condition, she was removed to the Muljibhai Patel Urological
Hospital, Nadiad, the next day. There Dr. Rajapurkar pointed out that
due to negligence of the operating doctors, the only functional kidney
was removed.
Anjanaben was on dialysis for some time. Finally, renal transplantation
was also done on her and her father donated his kidney for the purpose.
After periodic readmissions to and releases from hospital, Anjanaben
died in hospital on 21 December 1996, about 10 months after her pregnancy
check-up.
During the course of submissions, Rakesh and Dr. Modi negotiated
for settlement and Dr. Modi agreed to pay Rs. 1,91,000 on the basis
of ‘No fault liability’. Rakesh exonerated Dr. Modi on payment
of Rs. 1,91,000 from the liability that might arise out of this case.
Referring to Dr. Jitendra Patel, the Commission observed that he
is stated to be an experienced general surgeon and is expected to
know the location of the cyst and the location of the kidney. The
patient was in his hands. he was not under the supervision of Dr.
Modi. “What was removed was the functional kidney and not the
cyst.”
Radiologist Dr. Mohenish Patel, the Commission said, was expected
to know the position of the kidney of the patient. Apparently, even
the patient’s husband did not know that only one kidney of his
wife was functional. The radiologist could detect this but appears
to “have missed this vital aspect of the rendition of his expert
service. His reports clearly appear to have misdirected the first
opponent (Dr. Prakash Modi) in reaching the conclusion”.
Mr. Justice M. S. Parikh presided over the Commission and Mr. Dr.
Jatin P. Vaidya was the Member. Mr. Rajiv Mehta represented the complainants
and Mr. H. M. Parekh appeared for Dr. Modi.
Date : 21/02/2006
Editor : Pritee Shah
INSIGHT — The Consumer Magazine
Place : Ahmedabad
Opinions, test results and research findings issued through this
Press Release cannot be used in any form directly or indirectly for
advertising, promotional or commercial purpose.
Consumer
Education & Research Centre (CERC) - Copyrights Reserved 2003.