ORAL ORDER
(Delivered on 14th March,2011)
This is a complaint for alleged medical negligence filed against Opposite Party No.1 Jaslok Hospital and Opposite Party No.2 late Dr.S.K.Bhansali. During the pendency of the complaint Opposite Party No.2 Dr.Bhansali died and the proceeding against him stood abetted. It is the grievance of the complainant that in December,1995, he witnessed some pain in his stomach and hence he consulted his family doctor, who after clinical and other ultrasound examinations confirmed stones in his bladder. Mere medication treatment was given to the relief of the complainant. In February,1996 when the complainant came to visit Mumbai, again there was pain in the stomach. So he consulted Dr.Harshal Desai from Mumbai and received the treatment. Sonography was carried out and Dr.Desai advised to remove the gall bladder stones. Dr.Bihani and Dr.Banka also confirmed the said diagnosis and emphasized need to remove the gall bladder stones. Therefore, on their reference, Opposite Party No.2 Dr.Bhansali was consulted and on his advise, the complainant was admitted in Opposite Party No.1 Hospital on 17/3/1996. On 21/3/1996 he was operated upon by Dr.Bhansali and Laparoscopic Cholecystectomy was done and his gall bladder stones were removed. It is alleged by the complainant that during the surgery, the right main hepatic duct was damaged which caused a large bile leak and further complications and pain for which according to the complainant both the Opposite Parties are responsible . He, thereafter, left Opposite Party No.1 hospital and it is alleged by Opposite Party No.1 hospital that it was against the medical advise. He received further treatment at Breach Candy Hospital at Mumbai. But we are not concerned with it since complainant has not claimed relief or made any grievance for the treatment received at said Hospital. The complaint is against only Opposite Party No.1 & 2.
Opposite Party No.1 Hospital is the contesting Opposite Party since complaint against Opposite Party No.2 is already abated. It is submitted that there is no negligence on the part of hospital staff and the employees while treating the complainant during his stay in their hospital. They further specifically and categorically pointed that complainant did not make any averment in the complaint of any negligence against them.
Heard authorized representative Dr. Ms.Sabnis for the complainant and Adv.Shri Barve who has filed his written submissions on record.
We categorically asked learned authorized representative appearing for the complainant as to what are the exact allegations pertaining to medical negligence on the part of staff of the Opposite party No.1 hospital. She failed to point out any. We further asked her as to what is the evidence adduced to prove the medical negligence on the part of hospital staff or employees of Opposite party No.1 Hospital, she failed to point out any. She relied upon a decision of the National Consumer Disputes Redressal Commission in the matter of Rekha Gupta Vs.Bombay Hospital Trust and Anr.1986-2004 Consumer 8006 (NS) which confirms accountability of the Hospital for medical negligence of its staff. However, this decision would be relevant if any negligence is proved against the staff of the Opposite party No.1 Hospital. In para 10 of the complaint, it is alleged by the complainant that injury to his bile duct occurred due to the negligence of treating surgeon i.e.Opposite party No.2 Late Dr.Bhansali. In para 10 of the complaint, the complainant has made a further statement that the Expert has opined that injury to hepatic duct (Bile duct) occurred either because of injury due to electrocautery which is used during the dissection or due to inappropriate application of clips. This is a vague statement and not supported by any evidence. Opinion from other expert doctors was attempted but same is not tendered in evidence as per provisions of Section 13(4) of Consumer Protection Act,1986.(the Act, for brevity).
Therefore, for the reasons made out we find that complainant failed to establish any allegation of deficiency in service vis a vis medical negligence on the part of Opposite party No.1 Hospital. Accordingly we pass the following order.
ORDER
1. Complaint stands dismissed as against Opposite party No.1 Jaslok Hospital.
2. In the given circumstances, both the parties to bear their own cost.
