Patient’s complaint against Wadia hospital, doctors dismissed

MUMBAI: Observing that it is the duty of the tribunals or courts to protect doctors dragged into frivolous litigations, the national consumer commission dismissed a medical negligence complaint filed against Parel-based Wadia Hospital and two of its doctors by a 41-year-old man suffering from congenital spinal issues.

“We feel it is the duty of tribunals or courts to protect bona fide doctors dragged into such frivolous litigation. Though we think some cost would have been imposed upon the complainant, we are sympathetically deferring it considering his health status,” the commission said.

In the complaint before the National Consumer Disputes Redressal Commission in 2016, the complainant said he was operated for urinary bladder augmentation at the hospital in 2002.

He said in May 2016, he underwent another operation for removal of bladder stones and the operating doctor told him the stones were formed because of the “incomplete surgery” in 2002 and the continuous use of catheter put in then. He also claimed one of his legs had to be amputated later due to the negligence of the anaesthesiologist in 2002.

The commission relied on various documents and expert opinions and concluded there nothing wrong with the surgery performed at Wadia Hospital.

On allegations of “incomplete surgery”, the commission said the surgeon had planned to perform an augmentation and appendicovesicostomy, but since the procedure would have been hazardous, it was deferred.

The commission said after the bladder augmentation operation, the patient was asked to follow up if he wanted to get rid of the catheter, which he didn’t.

The commission also said there was no negligence on the part of anaesthesiologist. “Because of patient’s inherent spinal deformity, the sensory loss in leg and ulcers were aggravated. It led to amputation of right leg,” the commission said. “Thus, in totality, we do not agree the present suffering of the patient has any relation with the operation in 2002.”