KESHAVRAO V. YADAV Vs. DR. J.V.S. VIDYASAGAR & ORS. ORTHOPEDICS, ARTHOROSCOPY & SPORTS MEDICINE, DEPARTMENT OF ORTHOPEDICS, KAMINENI HOSPITAL
LAWS(NCD)-2021-1-4
NCDRC
Decided on January 04,2021

Keshavrao V. Yadav Appellant
VERSUS
Dr. J.V.S. Vidyasagar And Ors. Orthopedics, Arthoroscopy And Sports Medicine, Department Of Orthopedics, Kamineni Hospital Respondents

JUDGEMENT

- (1.) The Facts: The Complainant Keshavrao V. Yadav is father of Dr. Sunil K. Yadav (since deceased, hereinafter referred to as the "patient"). The patient himself was an Orthopaedic Surgeon and Professor and HOD of Orthopaedics in Bhartiya Vidyapeeth University Medical College and Hospital at Sangli (Maharashtra). Dr. Sunil was to attend the Continuation of medical Education (hereinafter referred to as 'CME' or Conference) arranged by Karnataka Orthopaedic Association, on 07.06.2009 at Yash Hospital, Belgaum, Karnataka. He informed his father that during the CME he was to get operated his left knee by the hands of Orthopaedic surgeons expert in Arthroscopy doctors at Yash Hospital having all the facilities available. On 06.06.2009 after breakfast, he drove himself with his colleague Dr. Gautam Tarlekar and reached Belgaum at 2.30pm. It was alleged that Dr. Anil B. Patil (hereinafter referred to as the Opposite Party No. 2) arranged the CME and forced the patient to get operated by the hands of Dr. Vidyasagar, from Hyderabad the expert in Arthroscopy (hereinafter referred to as the "Opposite Party No. 1"). The Complainant's second son Dr. Rajshekhar (alias Shekhar), a practising Gynaecologist at Belapur also joined the patient on 07.06.2009 at 8.00 am during proposed operation. At around 11.30 am, Dr. Shekhar telephoned his father and informed that Dr. Sunil's health became in danger and asked him to come immediately to Belgaum with mother. However, the Complainant's wife and niece Pintu Shitole went to Belgaum and the Complainant stayed at home. At about 6.00pm by ambulance the patient's dead body was brought to the Complainant's house at Miraj and in the same night, cremation was completed at their native place Ganeshwardi in Kolhapur District. Thereafter, on 08.06.2009 the Complainant inquired with his son Dr. Shekhar about the details of Dr. Sunil's death and he told that on 07.06.2009 at around 10.00am, the patient was taken inside the Operation Theatre (hereinafter referred to as 'OT') for the left knee operation. Dr. Anil was not available there and not contactable. The doctors did not allow Dr. Shekhar to enter the OT but asked him to remain at the conference hall and watch the live demo of the said operation. Accordingly, he went to conference hall but the live demo was not started even after 15-20 minutes. Therefore, immediately Dr. Shekhar approached the OT but he was not allowed to enter there as the patient was serious. On enquiry, the doctor informed that the heart of Dr. Sunil had suddenly stopped and at that time the necessary lifesaving equipment and the presence of Cardiologist was not there, therefore the patient was to be shifted to KLE Hospital. There was no ambulance facility; therefore ill equipped ordinary ambulance was called by Dr. Anil Patil. In the ambulance, the doctors were pressing the patient's chest. However by the time ambulance reached KLE Hospital, the patient was declared dead.
(2.) The Complainant further averred that 09.06.2009, the news came out in the newspaper that Dr. Sunil Keshavrao Yadav died during the operation and the Anaesthetist Dr. Vivek Sawant had committed suicide. Then the Complainant was doubly sure that the death of his son was not natural but it was caused due to the negligence of the doctors at the CME. After gathering all the information, the Complainant filed an FIR with the Police at Sangli in Marathi language. The Complainant wrote several letters to the Managing Director of Yash Hospital to furnish the entire Medical Record of his deceased son. The Complainant further alleged that his son died on 07.09.2009 whereas the Medical Record was issued on 27.10.2009 without death certificate with wrongly mentioned time and place of death. It was further alleged that after the death of Dr. Sunil, the documents were created and intentionally mentioned that Dr. Sunil chose his Anesthetist. Even otherwise, it was the duty of the hospital and the surgeon to verify whether the Anesthetist was qualified to give a proper dose. Therefore, ample time was there to fabricate the Medical Record which speaks volume against the Opposite Parties about the concocted record. The Opposite Parties did not conduct mandatory post-mortem in the said case.
(3.) The Complainant set out the following points of alleged negligence caused by the Opposite Parties during surgical procedure and caused the death of his son: (i) Pre anaesthesia fitness of Sunil was not obtained from any doctor; leave aside qualified cardiologist. (ii) Dr. Anil Patil had not conducted any tests on Sunil at Belgaum; (iii) Doctors from Yash Hospital or doctors managing the CME, had not taken any pains to discuss with relatives present in the hospital even though there was danger to give general anaesthesia to Sunil; (iv) Verification was not taken by the doctors of Yash Hospital as to whether the anaesthetist who gave anaesthesia to Sunil, is having recognized post graduate qualification and registration from Karnataka State and whether that doctor was permitted to work as anesthetist in Karnataka State; (v) Dr. Gunjal who is working as anaesthetist in Yash Hospital was sitting outside while the patient was on the operation table. Did he administer anaesthesia to Sunil? Is this not negligence or deliberately causing his death; (vi) The operation theatre was neither well equipped nor had sufficient number of specialist doctors; (vii) The doctors who were supposed to be present at the time of emergency were not even in the Operation theatre; (viii) No advice was taken from any other doctor regarding General anaesthesia though it was initially decided to give spinal anaesthesia. (ix) The owner and Managing Director of Yash Hospital is Homeopath, but he falsely prints his title as M.D. Only when the complainant asked letters/copies of case papers, he has written "Hom" in "ink" after his title MD. Even his resident staff is either Ayurvedic or Homeopathic, to the best of knowledge and belief of the complainant. The nursing staff at Yash Hospital is not qualified or registered nurses to the best of knowledge and belief of the complainant; (x) No Post-Mortem was done mostly to hide their mistakes and the real cause of death which is highly suggestive of their guilty mind; (xi) It is not clear whether the surgeon to perform operation had permission to operate in Belgaum as he is registered in Andhra. No proof whether he was present in the operation theatre; (xii) The Anaesthetist - Dr. Vivek Sawant who gave spinal anaesthesia committed suicide. Even he was registered with Maharashtra Medical Council and not in Karnataka State; ;


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