DistrictConsumer Disputes Redressal Forum, Jalandhar, has ordered a city-basedNeurosurgeon to pay compensation of Rs 5 lakh to a complaint while holding thathe failed in performing the spine surgery of complainant’s mother as permedical standard protocol.
Thedetails of the case revealed that surgery was performed for a compression inthe cervical spine but the Forum held that perusal of x-ray reports of thepatient as well different views of Spine/Neuro Surgeons confirmed thatcompression persisted on the spinal cord and the surgery had failed to removeit.
Intheir order given out on April 20, district Forum president Kuljit Singh andmember Jyotsna directed neurosurgeon Dr Naveen Chitkara to pay Rs 5 lakhincluding expenses incurred by the complainant and compensation for mentalharassment faced by him.
Theyheld that the complainant was also entitled Rs 7,000 as cost of litigationwhile the neurosurgeon was also directed to deposit Rs 3000 as costs in theConsumer Legal Aid Account maintained by the Forum.
Whiledeciding the case and ordering compensation the Forum cited around half dozenjudgements of Supreme Court on medical negligence. Advocate Harleen Kaur wascounsel for the complainant.
Inhis complainant filed on June 8, 2015, Phagwara-based resident I P Singh hadsaid that his mother Avtar Kaur had problem with working of her upper and lowerlimbs and underwent MRI on June 4, 2013 after which he consulted Dr NaveenChitkara who after examining MRI said that there was some compression inpatient’s spine and it was causing weakness in limbs.
Accordingto the complaint it was further advised that in case she would not undergo thesuggested surgery, her condition could deteriorate. Complainant told the Forumthat surgery on his mother’s spine was conducted on June 10, 2013 at DrChitkara’s hospital NASA Neurocare, Jalandhar, and he had informed patient’sfamily that her surgery had gone very well and recovery would be fast.
However,complainant alleged, there was no improvement at all and post surgery MRI onJuly 13, 2013 confirmed that compression was still continuing. He held that hismother underwent 3D CT scan on July 26, 2013 for further clarity and to ruleout any ambivalence. He also submitted to the Forum that he consulted fourother prominent surgeons – including three at Delhi – who also held thatcompression was still continuing and re-surgery was required. Complainant alsosubmitted their prescription slips, which carried their observations, asevidence in support of his contentions.
Healso mentioned the ordeal his mother suffered after the surgery including heradmission at DMC Hospital Ludhiana including for a week in emergency/ICU. “Shewas unable to sit without help and support and her limbs had further weakened,”he mentioned, adding that Dr Chitkara was responsible for giving mental andphysical trauma to complainant’s mother.
ThoughDr Chitkara had defended himself and denied the allegations against him, theForum, however, held, “From perusal of x-ray reports of the patient, affidavitof witnesses and different views of Spine/Neuro Surgeons, we have to come tothis conclusion that OP no.1 (Dr Chitkara) failed in performing the surgery ofthe patient as per medical standard protocol. It has also confirmed thatcompression persisted on the spinal cord and the surgery had failed to removeit”.