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Court directs Dr Gandotra to pay Rs 4.35 lakh as compensation to patient 7/16/2015 12:11:58 AM Jammu, July 15 : In a yet another case of medical negligence, the Jammu bench of SCDRC awarded a compensation of Rs 4,35,000 in favour of Renu Gupta, wife of Rakesh Gupta of Toph Sherkhania and directed Dr. Y.P.Gandotra, a visiting surgeon of Pathankot, to pay the entire amount within three months. Renu was admitted in a private nursing home run by Dr (Mrs) R Madaan for removing gall bladder stone by laparoscopic operation. She paid fees as demanded. Dr Gandotra conducted open surgery on June 20, 2000 instead of laparoscopic operation and she was discharged on June 27, 2000. Renu had had never consented for open surgery. Court rejected defence of Dr Gandotra that while conducting laparoscopic operation he felt difficulty in accomplishing operation successfully so he conducted open surgery in the best interest of patient. His advocate argued that a surgeon is the best judge in performing surgery and as Dr Gandotra switched over to open surgery while conducting laparoscopic operation only in the best interests of complainant, so he cannot be held negligent. The commission held that there cannot be any conflict with the proposition of law as propounded by advocate but facts of this case are totally different. There is ample evidence and admission of Dr Gandotra that he did not undertake laparoscopic operation as per his plea in long drawn written defence version. During open surgery, CBD of complainant was completely damaged and despite her treatment in best hospitals at Delhi she could not recover from traumatic conditions. Alleging negligence against surgeon complainant had claimed Rs 10 lakh as compensation. After hearing advocates for parties Consumer Commission held Dr Gandotra negligent in performing surgery without any valid consent and caused irreparable damage to CBD and other parts of body. The commission absolved Madaan Nursing Home holding that no deficiency in service or negligence was proved against it. However, the commission directed Dr Gandotra to pay an amount of Rs 4.35 lakh as compensation and litigation expenses. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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