Holding RG Stone Clinic & Urological Research Institute and its doctor, Dr R Wadhawan, guilty of "medical negligence" the Delhi State Consumer Commission observed the stones could not have surfaced within 10 days of a surgery to remove them. The commission said some stones were not found as the ultrasound was not conducted properly.
"Surfacing of stones within ten days of the surgery is improbable act, therefore, the contention of the appellant (clinic) that the stone developed within ten days from the laproscopic surgery has no force.
"Material on record goes to show that ultrasound was not conducted properly to find the stone in the abdomen and the gall bladder. Some of the stones were left by sheer medical negligence on the part of appellant and Dr R Wadhawan and unfortunately the patient died in Sir Ganga Ram Hospital," the bench presided by its member Salma Noor said.
The commission gave the order dismissing the clinic and the doctor's appeals against a district forum judgement holding them guilty of medical negligence and directing them and New India Insurance company to pay Rs 4.1 lakh as compensation to the widow.
The clinic had denied the allegation of medical negligence against it.
Earlier, complainant Nalini Sharma in her plea to the district forum had said her late husband R K Sharma was admitted to the hospital in September 2004 for removal of stones from his gall bladder.
However, about 10 days after the surgery it was found that some stones were left behind in his gall bladder and he was shifted to Sir Ganga Ram Hospital where he died, she had said accusing Dr Wadhawan and the clinic of gross medical negligence.