Ten years after a major goof up, in which an oncologist forgot eight-inch scissors within a patient’s body, causing major embarrassment to a premier cancer hospital, the Ludhiana consumer disputes redressal commission directed the hospital in-charge and “negligent” doctor to pay ₹7.5 lakh as compensation.
The legal heirs of the patient, Gurcharan Singh (who has passed away), had filed a complaint against Mohan Dai Oswal Cancer Treatment and Research Foundation, Ludhiana, in-charge and authorised signatory Dr Yogesh Arora and the operating doctor Dr Nitin Aggarwal, accusing them of sheer negligence.
The case
The patient, who was suffering from urinary ailments, had been examined by Dr Raman Arora on March 10, 2012, and referred to Dr Nitin Arora, who diagnosed the patient with urinary bladder cancer, which required immediate surgery.
On March 31, 2012, Dr Nitin Arora operated on the patient, and advised him to go through chemotherapy. In the last week of May 2012, the patient allegedly developed severe pain in his belly. On being contacted, Dr Nitin Arora told the family to not panic.
On August 9, 2012, the patient again complained of acute pain and was again developed pain in his belly and was taken to Civil Hospital, Dhanaula, where Dr Rajesh Kumar found scissors in the patient’s body. It is estimated that the scissors were 7 to 10 inches long.
{{/usCountry}}On August 9, 2012, the patient again complained of acute pain and was again developed pain in his belly and was taken to Civil Hospital, Dhanaula, where Dr Rajesh Kumar found scissors in the patient’s body. It is estimated that the scissors were 7 to 10 inches long.
{{/usCountry}}The patient was taken to the Postgraduate Institute of Medical Education & Research, Chandigarh, where he was operated upon. The complainants said around ₹15 lakh was spent on the hospital.
Vague allegations, says doctor
Defending himself, the accused doctor said that the complainants had been sent by his rivals, and that the complainants had not approached him to show him any retained surgical instrument nor had they been able to produce the discharge ticket from PGI, to substantiate “the vague allegations.”
The commission, while finding the doctor negligent, dismissed the complaint against Dr Yogesh Arora, but directed the hospital and Dr Nitin Arora to jointly pay ₹7 lakh compensation to the complainants with 7% per annum interest and ₹50,000 as litigation expenses.