Accused of not removing entire polyp, doctor gets relief from panel


    09 April 2018

MUMBAI: The state consumer commission has set aside a district forum order that held a cancer specialist guilty for negligence for not fully removing a polyp from the throat of man during a surgery in 2008. The commission admitted an appeal by the doctor and Jaslok hospitalwhere he works.

The complainant was awarded a Rs 94,000 compensation as he had to undergo another procedure in Kolkata to remove the polyp. However, the commission, said that the complete polyp could not be removed. "Looking at the records, we are satisfied that the complainants polyp could not have been removed in the facts and circumstances of the case on the basis of expert opinions relied upon on behalf of the appellant (doctor and hospital )," said the Maharashtra State Consumer Disputes Redressal Commission.

The commission further stated that since the expert opinions produced by the doctor remained unchallenged and uncontested in the appeal, it had to set aside the order of the district forum.

DP Pandey, a resident of Kolkata, had moved the district forum against Dr Amish Dalal and Jaslok Hospital in 2009. The district forum ruled in his favour in 2013. The doctor and the hospital submitted an appeal before the state commission in 2013.

The doctor and the hospitals lawyers told the commission that the case was referred to a cancer surgeon only for biopsy and his histopathological study to rule out cancer in vocal cord polyp of the patient. They said the report of the polyp biopsy was benign. "If cancer is diagnosed, then radical surgery and/or radiotherapy may be planned and if diagnosis is benign, most of the times on the vocal cords, nothing is done as removal of the cord growth may permanently damage the voice of the patient," they submitted in the appeal.

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