Ahmedabad: The Gujarat State Consumer Dispute Redressal Commission ordered two doctors – a gynaecologist and an anaesthetist – to pay Rs 8.48 lakh compensation with 7% interest to a woman who became immobile due to back pain after a C-section delivery.
Dr Bhatt performed the surgery and Dr Rankit Thakkar was called to administer anaesthesia. A boy was born and Malek was discharged after due treatment. Five days later, Malek started having health issues including a pain in her waist. She consulted 10 doctors and underwent surgery to get rid of her back pain, but it kept increasing and she became immobile after a while.
Before the consumer commission, she said she could not rise from bed and walk without help. She also could not take care of her child. She contended that she has suffered 100% permanent disability. She sought Rs 25 lakh in compensation from the two doctors alleging negligence and deficiency in service, claiming that her trouble was due to the administration of anaesthesia and the C-section surgery.
The doctors opposed the complaint and denied all the allegations. They placed medical opinions to explain in details how the caesarean operation could not have caused this problem to Malek.
It was also argued that the patient was suffering from TB of the vertebra and this may have triggered her back pain. They denied that the surgery and administration of anaesthesia could have caused damage to the patient’s spine.
After hearing the case, the commission held both the doctors jointly liable to compensate Malek and ordered that each of them pay 50% of the compensation amount to the patient. As Dr Bhatt has insurance cover from Oriental Insurance Co Ltd, the insurer will have to pay her share.