STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI Appeal No.A/20/614 (Arisen out of order dated 22/09/2020 in Complaint No.410 of 2014 passed by the District Consumer Commission Mumbai Suburban)

Dr.Shrikant Badwe, B K. Kidney & GI Centre, Jaykar Smruti, Aarey Road, Goregaon (W), Mumbai - 400 062.

....... Appellant(s)

Versus Sandhya Deshpande, F-101, Shree Shankeshwar Nagar, Ashokvan Shiv Vallabh Road, ………Respondent(s)

Dahisar (E), Mumbai 400 068.

BEFORE Justice S.P.Tavade – President Poonam V. Maharshi – Member For the Appellant(s) : Advocate Rui Rodrigues.

For the Respondent(s): Respondent along with Advocate W.V. Gaikwad.

ORDER

(27/06/2024)

Per Hon’ble Mr. Justice S.P. Tavade – President (1) Being aggrieved and dissatisfied by the order dated 22/09/2020 passed by the District Consumer Disputes Redressal Commission, Mumbai Suburban, in ComplaintNo.410 of 2014, the original opponent has preferred this appeal. Parties to this appeal shall be called and referred as per their status in the complaint.

(2) The complainant (respondent) is wife of deceased Ashok Deshpande. Said Deshpande was suffering from chronic kidney disease. He was advised to undergo for dialysis frequently. He was also advised to undergo operation of AVF fistula in the hospital of the opponent. Accordingly, on 27/12/2013 deceased Ashok Deshpande went to the hospital of the opponent. Opponent had examined him and fixed date for operation i.e. on 31/12/2013. Accordingly, operation was performed. The opponent asked deceased Ashok Deshpande to visit the hospital ten days after the operation for removal of stitches but he visited on 13/01/2014. The opponent had asked deceased Ashok Deshpande to have physical exercise as there were swelling on the fingers and hand. The creatine and other parameters were high, therefore, the opponent asked deceased Ashok Deshpande to undergo dialysis immediately.

(3) Deceased - Ashok Deshpande got admitted in Navneet Hospital for dialysis on 02/01/2014. He was discharged from the said hospital on 07/01/2014. It was contended that at the time of discharge on 31/12/2013 the opponent had not performed sugar test on deceased Ashok Deshpande wherein sugar level was high. It was contended that at the time of examination on 27/12/2013 the opponent did not record history of deceased Ashok Deshpande in the case papers. Similarly, did not asked Ashok Deshpande to undergo tests, namely sugar etc. It was contended that it was mandatory on the part of the opponent to check the sugar level of deceased Ashok Deshpande prior to operation on 31/12/2013. But, no sugar test was performed by the opponent and carried out AVF Fistula operation.

(4) It was contended that on 13/01/2014 deceased Ashok Deshpande went to the hospital of the opponent for removal of stitches. The opponent on examination declared that Fistula operation carried out on deceased Ashok Deshpande was failed but his wife deferred her opinion and called Dr.Amish Mhatre, who is Vascular surgeon who confirmed that Fistula operation was not failed and there were blood clots on the hand but opponent could not diagnose it as a gangrene. It was contended that on the said day deceased Ashok Deshpande was referred to Dr.Umesh Khanna, the Nephrologist for dialysis. On 14/01/2014 Dr.Khanna found WBC count 23000 in blood and the hand of deceased Ashok Deshpande was turned blue. The said fact was noticed by Dr.Khanna and Dr.Amish Mhatre. Dr.Amit Khanna again called Dr.Amish Mhatre. Thereafter Dr.Maniar performed colour doppler test on deceased Ashok Deshpande. It was contended that Dr.Amish Mhatre had noticed that blood flow/circulation was stopped and there was development of gangrene. Hence, the deceased was admitted in Holy Family Hospital, Bandra. Dr.Ravindra Bhatnagar checked deceased Ashok Deshpande and informed that it was too late and the gangrene was developed. Dr.Bhatnagar also informed that due to negligence in primary examination before Fistula operation the development of gangrene