Consumer court slaps Rs 80 lakh fine on 2 doctors, private nursing home for faulty operation in Odisha

Holding two doctors and a private nursing home guilty of medical negligence, a consumer court in Odisha’s Sambalpur imposed a fine of Rs 80 lakh for a faulty operation on a patient who had to lose his job.

According to sources, Sumit Dash of Modipara in Sambalpur met with an accident when he was on his way to Burla from Sambalpur. He sustained multiple fractures involving his right leg, foot, and right hand. He was immediately rushed to VIMSAR Hospital in Burla for treatment.

However, the attending orthopaedic Suraj Jain allegedly advised the injured man’s family to shift him to a private hospital for surgery. As per the doctor’s order, the patient was shifted to the private hospital where he underwent surgery for 12 days and had to spend a whopping Rs 1.26 lakh.

During pre-operative consultations, the victims had requested Jain and his assistant surgeon for fixation of titanium implant and not to fix stainless implant for the fractured bone (connecting knee & ankle).

Despite insistence for titanium implant, the surgeons allegedly fixed stainless steel. This led to pain on his right ankle and there was sign of pus formation. When the victim approached the doctor, he made various excuses and turned them away with excuses.

Eventually, his health condition worsened and he had to bear unbearable pain. So, the victim approached another doctor who confirmed that the infection was due to the stainless steel implant.

After being avoided by Dr. Jain, the victim was admitted to a private hospital in Vishakhapatnam as his condition further deteriorated. Meanwhile, the victim could not go to work, and subsequently lose his job, seniority and earnings. He is still under treatment.

Hearing the case, the court directed the doctors to pay Rs 2.41 lakh towards medical expenses and Rs 16 lakh towards loss of earnings. The doctors, jointly along with the nursing home, are liable to pay a compensation of Rs 20 lakh each to the victim and in case of non-payment within one month of the court’s order, they are liable to pay interest @12% P.A., from the date of filing till realization.

“Although being a premier medical institute, if you send patients to a sub-standard level hospital for treatment, it means you don’t have belief in your own hospital. When my client was undergoing treatment, he was not given proper treatment,” alleged the victim’s lawyer, Prem Prakash Panigrahy.

Meanwhile, the lawyer of the private hospital’s owner informed that they will move the Odisha State Consumer Disputes Redressal Commission against the ruling.