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National Consumer Body Orders Hospital and Doctor To Pay Rs 40 Lakh To Patient

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Rebecca Samervel    28 December 2022

On December 19, the national consumer commission ordered Kokilaben Dhirubhai Ambani Hospital, Mumbai, and a doctor to pay Rs 40 lakh in compensation to Mr. Rohandeep Singh Jaiswal. They held the doctor liable for acts of "commission" and "omission" during treatment and the hospital liable for deficiency in services.

 

The commission observed that it is the doctor’s responsibility to provide complete information to the patient related to any medical decision in a comprehensible manner. They pointed out that lack of informed consent caused by incomplete or misguided information is the leading cause of large numbers of negligence lawsuits in neurosurgery.

 

According to the complaint filed by Mr. Jaiswal, he was operated on for a non-cancerous tumor in the spine in Delhi. However, another MRI in 2012 revealed a shrunken tumor, which was removed in surgery conducted in February 2012. Following the operation, they approached the Andheri hospital, where the doctors informed him that 80–90% of correction was possible for his deformed spine.

 

On April 23, 2014, he underwent spine correction surgery. However, when he regained consciousness, he was not able to move his legs, so re-surgery was necessary. The complaint filed by the patient’s father stated that the patient lost his senses below the rib cage.

 

On the other hand, the doctor and hospital denied the allegations and stated that, despite providing the best care, the patient did not recover from paraplegia. They also added that the doctor had regularly discussed the prognosis with the patient and her relatives.

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