The apex consumer commission has asked a Chandigarh-based private doctor to pay Rs 70 lakh to a 17-year-old boy whose left leg had to be amputated due to doctor's negligence in treating his fractured limb in 2003.
The National Consumer Disputes Redressal Commission (NCDRC), presided by Justice V B Gupta, asked Dr Sanjay Saluja to pay the amount to Chandigarh resident Abhishek Ahluwalia, who was treated in a "casual manner" by the doctor when his leg got fractured while playing in his school.
The victim's mother, Anuradha Ahluwalia, had approached NCDRC against the order passed by Chandigarh Consumer Disputes Redressal Commission which had rejected her complaint for compensation.
"...It is the respondent no.1 (Dr Saluja) alone who is to be blamed for such unfortunate incident. Accordingly, we hold that medical negligence on the part of respondent no.1 is writ large in this case.
"...Therefore, we direct respondent no.1 to pay aforesaid amount (Rs 70 lakh) to appellant no.1 (patient) by way of demand draft in his name...," the bench, also comprising Vinay Kumar, said.
The bench said the doctor had treated the patient in a "casual manner and casually applied the dynacast plaster so tight" that on regaining consciousness, the boy complained about acute pain in his left leg which led to formation of blisters and gangrene in the skin.
The bench also observed that had amputation of leg not been done by the doctors of another hospital where the boy was admitted when his condition deteriorated, his life would have been in danger.
The victim's mother Anuradha had told the commission that on July 11, 2003, Abhishek sustained fracture in his leg while playing at his school. His mother took him to the clinic of Dr Sanjay Saluja, who was recommended by the school.
Dr Saluja further recommended Abhishek to Chandigarh-based INSCOL Hospital, where the patient was operated upon by him.
INSCOL Hospital, however, was not held negligent by the commission.