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 botching up weightloss surgery of film and television actor Rakesh Deewana.
Deewana died following the surgery here on April 20, 2014. His daughters Richa, Khushboo and Shivani and son Harsh 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 Bhandari, Mohak Hi-tech Specialty Hospital, SAIMS 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 were left totally unsettled and wrecked economically, emotionally and physically by the untimely death of their father, who was operated upon by Dr Mohit Bhandari."
The complaints 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 opposing party 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 said that the respondents caused unnecessary delay and harassment 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 television serial 'Ye Rishta Kya Kehlata hai'. Apart from this he had acted in other serials like 'Alif Laila', 'Ramayan', 'Who rehne wali mehlo ki' etc. as well as films like 'Veer' and 'Rowdy Rathore'.
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 such (bariatric) surgeries successfully," he said.