Y’nagar surgeon, insurance firm told to cough up Rs1 lakh

Shiv Kumar Sharma

Tribune News Service

Yamunanagar, December 4

The District Consumer Disputes Redressal Forum has directed a surgeon of a private hospital and Oriental Insurance company Limited, Yamunanagar, to jointly pay Rs 1 lakh as compensation and Rs 10,000 as litigation expenses to legal heirs of a complainant.

“We partly allow the complaint and direct the respondents No. 2 and 3 to pay a lump sum of Rs 1 lakh jointly and severally to the legal heirs of the complainant in equal shares and further pay Rs 10,000 as litigation expenses,” stated Ashok Kumar Garg, president of the forum, in his recently delivered decision.

According to information, Mehar Chand (now deceased) of Nalagarh Majra, Jagadhri, approached Rameshwar Dass Memorial Hospital, Jagadhri, for the removal of stones from the gallbladder on July 21, 2009.

The complainant deposited Rs 6,000 with the hospital before laparoscopic operation that day. Immediately after operation, Dr Rajeev Airon, the doctor treating him, stated that it was a difficult case and not of laparoscopic, but he had successfully done it.

He also stated that in the CT scan, the size of the stone was not clearly visible.

The complainant was also informed that there was no problem withthe laparoscopic operation and no open surgery was done.

After operation, the complainant deposited Rs 9,000 more with thehospital.

The complainant was surprised to find a catheter with a bag attached to the stomach. It was represented by the doctor that the same was for draining out the bile.

This raised suspicion in the complainant’s mind. The treating doctors continued proclaiming success of the operation whereas the health of the complainant was deteriorating.

The complainant was brought for treatment to the PGI, Chandigarh. Later, he died.

The forum directed the doctor and the insurance company (as the said doctor is insured with the said insurance company) to pay the compensation to Mehar Chand’s legal heirs.