KALYAN: A consumer forum has directed two doctors to pay compensation to a woman for a botched surgery. Dr Sheena Shanbaug from Dombivli and Dr Ujjwal Mahajan from Navi Mumbai were ordered by the State Consumer Disputes Redressal Commission to pay Rs 28.5 lakh to Shreya Nimonkar who has been fighting a legal battle for more than a decade.

The commission stated that if the doctors do not pay the amount within a month, they will be required to pay 12% per annum, by way of penal interest, for the period of delay.

In March 2010, Nimonkar approached Dr Shanbaug for treatment. She mentioned in her complaint that she used to have severe body ache and would feel exhausted during her menstrual cycle. Nimonkar stated that the two doctors had operated on her without her permission and did not explain the risks involved in undergoing the surgery.

In her appeal before the commission, Nimonkar alleged that both her ureters were permanently damaged because of the doctors’ negligence. 

The complaint says that the damage to the ureters could not have occurred in a surgical proced ureunless the surgeon is not competent to handle surgical instruments, which clearly points to negligence.

The negligence came to be known after Nimonkar went to Sion hospital where an abdominal laparotomy was performed by Dr Ajit Sawant in 2011. The complainant’s petition states that Dr Sawant explained that abdominal surgery was the only option. 

Advocate Pooja Joshi Deshpande, appearing for Nimonkar, said that she had approached her in 2012. The advocate approached the court after collecting all the evidence related to the case and has fought this legal battle for around 10 years. 

Nimonkar said that over this long period she has faced a lot of difficulty and even lost her husband due to COVID-19.

Dr Mahajan said, “I’ve not done any wrong surgery and judges have issued an oral order. Once I receive a written copy about reason for fine,I will decide on whether to approach a higher court.” Dr Shanbaug said, “The Maharashtra Medical Council and National Medical Council, Delhi, have given me a clean chit, saying there is no medical negligence. I can’t comment on the judgment of court as I have not yet received the certified order copy.”

Source: ET Healthworld