Mumbai: A District Consumer Commission has directed PD Hinduja National Hospital and Medical Research Centre, and its doctors – RK Chinoy and Kesri Chavda – to compensate a patient for deficiency in service and unfair trade practice.
The complainant Satish Kirtane’s son Salil Kirtane was in the hospital but was allegedly administered psychological treatment over physical one for dislocated shoulders.
The Commission has asked the hospital and doctors to pay the complainant Rs2.32 lakh with 6% interest per annum from December 22, 2016 till realisation of the amount and Rs75,000 towards mental agony and litigation cost.
Salil Kirtane was admitted under Dr Chinoy on March 20-29, 2014. His father said that the orthopaedic surgeon ignored his son’s dislocation of shoulder joints and in “utter haste and over-confidence” misdiagnosed the condition as “psychological in nature”, referring him to Dr Chavda who started psychiatric medication.
After getting discharged, the patient had to undergo another surgery and was left with extreme agony and psychological damage. After making several complaints with the hospital to take action, the complainant eventually approached the Commission.
The three opposite parties stated that the complaint should be dismissed. The hospital called the complaint frivolous and said that the doctors were honorary doctors and not on payroll and that the complainant had not proved why the hospital is guilty. It also said that the patient is not the first party.
Dr Chinoy said that the line of treatment was right, without delay, and the patient was able to raise hand till his shoulder. He said that during the first visit the patient asked not to be disturbed as he was asleep after taking medicines, and on the second visit he was calm. He also said that the patient had a history of epilepsy and that he suffered injury after moving out of the hospital. Dr Chavda also stated that he had treated the patient as per procedure.
The complainant refuted the claims and that the defences put up were cryptic, vague and unspecific. During the hearing, the Commission observed that since the father paid for the medical expenses it cannot be said that he is not a party.
The Commission also stated that Dr Chinoy completely ignored ‘dislocation of shoulder joints’ and relied upon x-ray report rather than observing the x-ray image himself, resultantly missing the obvious and evident dislocation. Dislocation, it said, happens in case of patients with epilepsy.
