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Medical negligence: Doctor told to pay up Rs 7 lakh

Apart from the compensation, the forum also directed the doctor to pay Rs 10,000 to the complainant. towards the cost of the litigation.

The Pune District Consumer Disputes Redressal Forum has directed a Hadapsar-based surgeon to pay Rs 7 lakh along with the interest for the amount since 2007 to the father of a 20-year-old boy who allegedly died due to medical negligence of the surgeon.

Altaf Razak Mulani, a resident of Kanifnath Shed, Hadapsar, had filed a complaint with the forum alleging that Dr Vijay Bhimsingh Pawar of Pawar Surgical Hospital was responsible for the death of his son Dadabhai in August 2007.

A bench of Forum president V P Utpat and member Geeta Ghadge alloted the compensation for the loss of life due to the alleged ‘medical negligence’ and the mental agony the complainant suffered due to the incident. Mulani, who works as a plumber, had prayed for Rs 19 lakh compensation.

Mulani had said that on August 1, 2007, he had taken his son to the Pawar Surgical Hospital after he complained of stomach pain. Dr Pawar examined him and advised them an operation of appendicitis. The father and the son were not keen on the surgery and took discharge from the hospital against the doctor’s advice.

However, on the same night Dadabhai had severe pains and was brought to the same hospital again and was operated upon by Dr Pawar. As the patient’s condition worsened, the doctor advised him to shift Dadabhai to Yash Hospital, as the Pawar Hospital did not have ICU facility. However, when the patient reached Yash Hospital, the authorities advised the father, without even examining the patient, to take him to Ruby Hospital. Upon reaching Ruby Hospital, Mulani was informed by the doctors their that his son had died two hours ago.

Mulani had moved the Forum alleging that his son had died because of the medical negligence of Dr Pawar.

The Forum observed that if there was unavailability of ICU and ventilator, it was the duty of Dr Pawar to make sure that the patient got the ventilator facility at the hospital where he was sent.

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In his defence Dr Pawar had filed the expert panel’s opinion report which had given a clean chit to him. The Forum however held that it was not sufficient to prove the innocence of the doctor. Apart from the compensation, the forum also directed the doctor to pay Rs 10,000 to Mulani towards the cost of the litigation.


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