Navi Mumbai ENT surgeon penalised, asked to pay Rs 1L for mental agony to patient

29 September, 2016

The Additional Thane district consumer dispute redressal forum recently penalised a Navi Mumbai based Ear-Nose-Throat (ENT) surgeon for the negligent services which she provided to one of her patients. The forum, thus asked the doctor to pay an amount of Rs 1 lakh towards the patient's mental agony along with Rs 10,000 towards his litigation charges.

The case dates back to April 5, 2013, when Manohar Pandit, a resident of Nerul had approached Dr Vinita Goyal to get him treated for epistaxis (bleeding from nose). Pandit in his complaint mentioned that when he started with the treatment with Goyal, she asked him to stop with the old medicines and start with her new prescribed medicines. However, even after changing the medicines, the problem still existed . On April 10, the complainant's wife called up the doctor in the morning and informed her that there was a torrential bleeding from his nostril, to which the doctor immediately advised him to get admitted in the MGM hospital, and the complainant did so.

The doctor conducted an endoscopy and cauterisation accompanied by Septoplasty on the patient. The doctor had packed both of his nostrils due to which he spent sleepless nights. He faced problems such as breathing through mouth and pressure in sinus. After about 24 hours the doctor again did the same procedure but he again started bleeding and this time it was more profuse and painful.

The complainant further said that the doctor had applied wrong procedure while treating him due to which he had perforated nasal septum, excessive damage in nasal mucosa and villi were destroyed.There was total negligence and deficiency in service on the part of the opposite party while providing treatment to him.

The doctor, however, denied any wrongdoing from her end, rather according to her, she had given him regular follow up treatments. She said that she had performed the procedure very diligently.

The forum after going through the evidence stated,"On going through the evidence adduced, we found that the doctor had failed to take due care and caution while treating the complainant. She had not conducted any preoperative tests before performing surgery on the complainant which were necessary .The surgery was also not conducted with due care and under general anesthesia. The opposite party had not applied proper procedure and failed to operate the complainant with due care and diligence, which resulted in septal perforation.

"We therefore upon considering the entire evidence on record and other aspects, reached to the conclusion that there was medical negligence and deficiency in service on the part of the opposite party which caused mental agony to the complainant. Since the medical negligence of the opposite party stands proved by the evidence on record she is liable to compensate the complainant," the forum added