Ahmedabad: The Consumer Court has ordered a hospital in Vastrapur to pay Rs 1.17 lakh to a patient after the plate was implanted in his right hand, after a few fractures, went bankrupt, forced him to pay for a new plate.
According to the details of the case, Resident Ambawadi Siddharth Panchal experienced several fractures in his right hand in a car accident on May 25, 2011.
He was treated at Sanjivani Hospital, where the operation took place and plate and plate implanted.
Four months later, Panchal felt pain and examination revealed that the plate was broken.
He is advised to get new implants.
He consulted another doctor and underwent surgery for new implants, which he had to pay Rs 1.17 lakh.
Panchal sued the hospital and two doctors with the Consumer Dispute Nonation Commission, Ahmedabad (rural) in 2012, but it refused complaints in 2013 to say that the company, who had produced plates, was not applied as party respondents.
Panchal approaches the Rundressal Commission of Gujarat state consumer disputes.
After hearing this case, the Commission said that this was a clear case of ‘Res IPSA loquitur’, the principle that only some kind of accident was enough to imply negligence, and therefore the burden was in the hospital to prove that it was not negligence in its part.
Usually, biomaterials such as eye lenses, stents, pacal plates are bought by hospitals because a lay patient does not have knowledge about the quality of the material.
In this case, the hospital has bought a broken plate and the patient must spend more for other operations.
In addition, asking for hospitals to pay spending expenses for the second operation, the Commission also asked the hospital to pay Rs 10,000 to patients to legal expenditure.