2 city-based doctors fined Rs 13 lakh

Kolkata: State Consumer Disputes Redressal Commission has imposed a fine of Rs 13 lakh on two city-based doctors while a private hospital in the Central Kolkata has been asked to pay Rs two lakh after the Commission found negligence in the treatment of a patient.

The complainant, a victim of medical negligence and a resident of Shanti Nagar area of Asansol, lodged a case with the State Consumer Dispute Redressal Commission on May 23, 2013. It was stated that the complainant on August 7 in 2012 visited the hospital and consulted a doctor at the clinic with a problem called "upper abdominal pain with nausea and vomiting".

The doctor diagnosed the patient with "acute cholecystitis" and the patient was advised for "urgent admission" as revealed from the prescription dated August 7, 2012.

After the admission of the patient, an USG of the whole abdomen was done and the "impression" of the said USG report revealed "fatty liver with cholelithiasis".

After such detection "laparoscopic cholecystectomy" was done under general anesthesia by another doctor as revealed from the "Discharge Summary and Certificate" dated August 16, 2012. Despite 'laparoscopic cholecystectomy' the patient continued to feel the pain in the abdomen.

She later visited a private hospital in Chennai that advised 'C.T. Scan of whole abdomen' the "impression" of the report dated 17.11.2012 of which revealed "remnant of Gall Bladder with Calculi". Also, the "USG report of whole abdomen" dated 21.11.2012 in the hospital reported "gall bladder is contracted and shows calculus measuring 1-2 cms within the lumen" and "post partial cholecystectomy — gall bladder calculus with chronic cholecystitis".

Thereafter, the complainant again visited another city hospital where "USG of upper abdomen" was advised and the USG report stated "cystic structure with calculus within it — gall bladder remnant (following partial cholecystectomy) dilated cystic duct stump with stone in it".

After such reports, the complainant revisited the Chennai hospital where "calculus cholecystitis following incomplete cholecystectomy" was diagnosed and "completion Laparoscopic cholecystectomy" was done on 12.12.2012 as evident from the 'Discharge Summary' of the said hospital.

It is alleged in the petition of complaint that the report of C.T.Scan of whole abdomen dated 17.11.2012 of Apollo Hospitals, Chennai, report dated 4.12.2012 of Fortis Hospital, Kolkata and 'Discharge Summary' UHID 2467449 of Apollo Hospitals, Chennai, indicate the defect in "laparoscopic cholecystectomy" done on 9.8.2012 by OP1-Doctor at OP3-Clinic and resultant medical negligence on behalf of the OPs.

In the course of investigation, it was found that there was no stone in gall bladder without any reference to partial cholecystectomy clearly indicates that the whole of the gall bladder was removed. After going through all reports, the Commission asked the hospital and doctors to pay the compensation.