The state Consumer Dispute Redressal Commission has directed a trust-run hospital in Pune and a man who was practising as an anaesthetist to pay compensations worth Rs 10 lakh to the parents of a five
The state Consumer Dispute Redressal Commission has directed a trust-run hospital in Pune and a man who was practising as an anaesthetist to pay compensations worth Rs 10 lakh to the parents of a five-year-old girl who died after getting operated for kidney-stone removal there in February 2010.
In its order issued recently, the commission said that while the doctors had operated on both kidneys, which is not permitted under emergency situations under rules, it was the anaesthesia administered by an unqualified doctor that resulted in the patient’s condition worsening and her death five hours after the operation. The commission was hearing the complaint of Hanumant Alkute and his wife Jayshree Alkute over death of their child.
The patient Shruti had been admitted to the Grant Medical Foundation Ruby Hall Clinic, a public trust on February 6, 2010 for removal of stones from kidney. She was admitted under the care and supervision of Dr Balwant Singh Ratta, a qualified uro surgeon, who carried out the operation. The child was allegedly clinically examined by Dr Ratta and Dr Udawant, a child specialist and Dr Uday Phadake, en endocrinologist. Collectively, they decided to carry out the operation for removal of the stones from the left kidney after getting consent from the parents. Dr Rusi Nariman Marolia, claiming to be a qualified anaesthetist attached to the hospital, administered pre-operative anaesthesia to the patient.
However, after the operation the child suffered cardiac arrest while under the effect of anaesthesia and died even after being put on the ventilator prompting the parents to lodge a police complaint. The police forwarded the complaint to the Sassoon General hospital, which instituted a committee that found that the operation on both kidneys was based on better judgement by the surgeon, hence there was nothing wrong in it. Similarly, the committee also gave a clean chit to Dr Marolia. But the complainant’s advocate argued that as per the Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 Dr Marolia was not qualified and hence a case of negligence against hospital and Dr Marolia.
Based on the arguments, the commission arrived at the conclusion that as Dr Marolia was not qualified though he was had been practicing as an anaesthetist since 1977 and the hospital allowed him to administer the anaesthesia which became cause of death of the child, both were liable to pay Rs 10 lakh as compensation to the parents. The commission also ruled that they were also liable as well as pay costs of up to Rs 50,000 towards the diet of the child, funeral and conveyance, within 45 days from the date of the judgment and award, failing which interest at 9 per cent per annum shall be paid till realisation.
