Mumbai, Dec 22: The Maharashtra State Consumer Disputes Redressal Commission (MSCDRC) has overruled a judgment passed by the District Consumer Disputes Redressal Commission, Pune, holding that there was negligence on the part of orthopaedic surgeon Dr Jayant Shah and Ruby Hall Clinic, run by Grant Medical Foundation, Pune, for failing to detect a hip fracture in time.
Compensation And Costs Awarded To Complainant
The MSCDRC directed Dr Shah and Ruby Hall Clinic to jointly pay Rs 85,000 as compensation for deficiency in service, along with 6 per cent annual interest, Rs 25,000 for mental and physical harassment suffered by the appellant, and Rs 10,000 towards the cost of the legal proceedings.
Commission Finds Error In Delayed Diagnosis
The State Commission, comprising members Milind Sonawane and Nagesh Kumbre, in its 10-page order — a copy of which is in the possession of FPJ — observed that the respondents were negligent in not detecting the hip fracture at the appropriate time.
“The only negligence is that the respondents were erroneous in not detecting the fracture in the hip in time and, therefore, even though the appellant had claimed various sums under different heads, he is only entitled to get Rs 85,000 towards the cost of his surgery and allied expenses. He is not entitled to claim loss of business and future loss of business income, because his business and income have not been lost owing to this medical negligence but because of the accident which he suffered. However, in the facts and circumstances of this case, the appellant is entitled to a sum of Rs 25,000 for mental and physical harassment and Rs 10,000 as the costs of these proceedings,” the order reads.
Accident And Initial Treatment At Ruby Hall Clinic
The case dates back to May 17, 2006, when Prakash Babulal alias Sohanlal Pardeshi, a 60-year-old rickshaw driver, was involved in a road accident after a car collided with his vehicle in Pune. Pardeshi sustained injuries to his knees and hip joints and was rushed to Ruby Hall Clinic for treatment.
At the hospital, Dr Jayant S. Shah examined Pardeshi and ordered X-rays. Despite the patient complaining of severe pain, Dr Shah reportedly informed him that there were no fractures and discharged him the following day with only medication.
Second Opinion Reveals Hip Fracture
However, the pain became unbearable after Pardeshi returned home. He then consulted another specialist, Dr Ramesh Kering, who reviewed the same X-ray and immediately detected a hip joint fracture. Seeking further clarification, Pardeshi revisited Ruby Hall Clinic on May 19, where other doctors at the hospital reportedly confirmed the fracture after re-examining the original X-ray film.
Second Opinion Reveals Hip Fracture
Aggrieved by the initial treatment, Pardeshi underwent an emergency surgery at Samarth Hospital, where a “duplicate ball” was fitted into his left hip. He subsequently filed a consumer complaint seeking compensation of over ₹10 lakh towards medical expenses, loss of business, and physical and mental harassment.
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District Forum Order Set Aside
The District Consumer Disputes Redressal Commission had earlier dismissed the complaint, citing the absence of expert evidence to establish medical negligence. However, in its judgment delivered on December 16, 2025, the State Commission set aside the district forum’s order.
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