Case of Ghatkopar man losing five fingers: HC reserves order

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Umakant Mane, a resident of Ghatkopar, was admitted to Rajawadi Hospital in 2002 as he was suffering from seizures, but according to his petition, due to negligence on the part of the doctors and the members of the staff of the hospital, all the fingers of the right hand had to be amputated.

The HC said there was “complete dilly-dallying” on the part of the hospital.

The court had earlier said that it was clear from records that on October 7, 2002, the doctors knew a surgery was required and some of the fingers could have been saved. But the surgery took place only on October 22.

“The surgery was not performed on time, leading to the infection to spread,” said the Bench.

Mane’s lawyer Mihir Desai pointed out that when he was taken to the hospital on October 1, 2002, he was not admitted because he had gangrene.

While pointing to one of the affidavits filed by the BMC, HC said if Mane’s relatives had been by his side 24X7, the gangrene could have been avoided.

Stating that Mane was mentally unstable, Ram Apte, a senior counsel appearing for the BMC, said the surgery was delayed because it was a question of saving his life over his limb. Also, the patient was attended to regularly. However, the court said if this had been the case, it would have been recorded in the case history.

Mane’s petition stated that since he was finding it difficult to get a job, he should be granted a compensation of Rs 10 lakh by the BMC for his disability. He has also asked for a suitable employment.

Apte maintained that since it was public money, there was no basis for awarding this amount or providing him with employment as he was physically unfit. “Experts should determine the facts if this was a case of medical negligence. Evidence is required, and only an expert report can satisfy the court,” he added.