INDORE: The National Consumer Dispute Redressal Commission (NCDRC) on Tuesday issued notices to Indore's bariatric surgeon Dr Mohit Bhandari, Mohak Hi-tech Specialty Hospital and Sri Aurobindo Institute of Medical Sciences (SAIMS) for allegedly botched up weight loss surgery of film and television actor Rakesh Deewana.
Deewana had died following the surgery here on April 20, 2014. His daughters Richa, Khushboo and Shivani and son Harsh had moved the NDCRC in April this year, with a complaint alleging medical negligence, deficiency in service and unfair trade practices.
The NCDRC bench, comprising presiding member Justice Ajit Bharihoke and member Dr SM Kantikar, issued notices to Dr Mohit Bhandari, Mohak Hi-tech Specialty Hospital, Sri Aurbindo Institute of Medical Sciences and chief anaesthesiologist Dr Bipin Arya, complainants' counsel Harshvardhan Singh Rathore told TOI.
The notice is returnable by December 19.
He said, "Deewana's children had been left totally unsettled and wrecked economically, emotionally and physically by the untimely death of their father, who was operated upon by Dr Mohit Bhandari."
In the complaint, the petitioners alleged that Deewana died due to 'gross medical negligence.' "The deceased was not a fit case for bariatric surgery/laparoscopic sleeve gastrectomy," they claimed.
Rathore said, "The doctor and others had shown 'an unjust haste' in performing the surgery which ultimately complicated the situation and eventually led to death of Deewana, thus this is a fit case where principles of 'Res Ipsa Loquitor' (facts speak for themselves) applies."
The complainants alleged that the opposite parties caused unnecessary delay and harassment even in supplying the medical records relating to their father, which amounts to deficiency in service.
Rathore said that he was not in a position to divulge the details of the compensation demanded by the petitioners.
Rakesh Deewana was known for his performance as 'Maharajji' in 'Ye Rishta Kya Kehlata hai.' Apart from this he had acted in several serials like 'Alif Laila', 'Ramayan', 'Rehne wali mehlo ki' etc. as well as various block-buster films like 'Veer' and 'Rowdy Rathore.'
Following his death, the hospital had released an official statement saying: "Deewana had undergone bariatric surgery on April 23 (2014) and at that time his condition was normal. After the procedure, he suffered hypertension and brain stem dysfunction which deteriorated his condition and he was shifted to ICU. All efforts were made to improve his condition, but he could not be saved."
Dr Bhandari told TOI that he was yet to receive any notice in this regard and would respond to it whenever he gets it. "There was no case of medical negligence. They want to extort the doctors. We have done more than 6000 successful such (bariatric) surgeries," he said.