ORDER

Appeared at the time of arguments

Pronounced on: 26^th August 2022

DR. S. M. KANTIKAR, PRESIDING MEMBER

Brief Facts:

1.       On 11.05.2007, Mrs. Kusum Nehra, mother of the Complainant (hereinafter referred to as the ‘patient’), 68 years, consulted Dr. Ashok Raj Gopal (OP-2), an Orthopedic Surgeon at Fortis Hospital, Noida for her deformities in both the knees and difficulty in walking and bound to wheel chair. The OP-2 advised Total Knee Replacement (TKR) Surgery. On 13.05.2007, the patient got admitted to the OP-1 – Hospital. The blood tests and other investigations were found normal. On 14.05.2007, the OP-2 and his team performed bilateral TKR. It was alleged that on 17.05.2007, despite breathing problem, the patient was shifted from ICU to the ward (room) with Oxygen mask. The on-duty doctor told the Complainant that the mask was displaced in night, therefore oxygen supply was reduced. The breathing problems continued and on 20.05.2007 around 1.00 to 2.00 p.m., she was again shifted to surgical ICU and was put on ventilator at 3.00 p.m.

2.       It was alleged that till 12.06.2007, the OP-2 never disclosed about the real condition of the patient. The Complainant raised few