Consumer Court Fines Doctors and Nursing Home Rs 80 Lakh for Faulty Operation Resulting in Job Loss in Odisha

Medical Negligence Law Insider

Published on: 13 July 2023 at 14:55 IST

Two doctors and a private nursing home in Odisha’s Sambalpur have been fined Rs 80 lakh by a consumer court for their involvement in a faulty operation that led to medical negligence. The operation caused the patient to lose his job.

Sumit Dash from Modipara in Sambalpur was injured in an accident while driving from Sambalpur to Burla, resulting in multiple fractures in his right leg, foot, and hand. He was initially taken to VIMSAR Hospital in Burla for immediate treatment.

However, the attending orthopaedic surgeon, Dr. Suraj Jain, allegedly advised Dash’s family to transfer him to a private hospital for surgery. Acting on the doctor’s recommendation, the patient was transferred to a private hospital where he underwent a 12-day-long surgery, incurring expenses of Rs 1.26 lakh.

Prior to the operation, Dash and his family had requested that Dr. Jain and his assistant surgeon use a titanium implant instead of a stainless steel implant to fix the fractured bone between the knee and ankle. Despite their preference for titanium, the surgeons allegedly proceeded with the stainless steel implant.

This resulted in severe pain in Dash’s right ankle and the formation of pus. When the victim approached Dr. Jain for assistance, he provided various excuses and turned him away.

As Dash’s health deteriorated, he experienced excruciating pain. Seeking a second opinion, he consulted another doctor who confirmed that the infection was caused by the stainless steel implant.

With his condition worsening, Dash was eventually admitted to a private hospital in Vishakhapatnam after being neglected by Dr. Jain. Meanwhile, due to his inability to work, Dash lost his job, seniority, and earnings. He continues to receive ongoing treatment.

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