Negligence proves costly for Mangalore doctor

Mangalore, 07 November 2010: Declaring that a victim of medical negligence was entitled to damages, District Consumer Grievances Redressal Forum ordered Colaco Hospital and neuro surgeon Dr Arjun Shetty to pay a compensation of Rs 20.02 lakh.

 

In 2009, one Arvine Kotian (28) filed a complaint with the Forum accusing medical director in Colaco Hospital, Mangalore-based neuro surgeon Dr Arjun Shetty, neurologist Dr Shankar, Dr Deepak Bolar and Dr Deepak Bhandary of medical malpractice. Kotian working in Abudhabi as relationship officer in a commercial bank has begun experiencing mild back aches from 2007. During one of his trips to India, he consulted Dr Shankar and on the latter’s advice got admitted in Colaco Hospital and underwent ‘Lumbar traction’ treatment in June 2007.

 

When the pain  persisted, Dr Shankar referred Kotian to Dr Arjun Shetty. After examining the patient, Dr Arjun Shetty advised ‘L5 S-1 disc excision operation’ and accordingly conducted the operation at Colaco Hospital on July 14. Kotian on returning to work continued to experience lower backache. However, the back pain became intolerable and when he faced difficulty in walking or lifting any weight, he quit the job in September 2008.

 

On his return, he contacted Dr Arjun Shetty for the second time. On the latter’s advice, Kotian underwent an MRI scan and was shocked to learn that an MRI could not be performed as a metal object was lodged in his body. Further tests, including an x-ray at KMC Hospital and a CT scan at Bangalore-based Narayana Hrudayalaya Super Specialty Hospital, confirmed the presence of a piece of a surgical instrument embedded deep in spinal cord.

 

Aghast on learning the truth, which was hidden from him so far, Kotian filed a complaint before the Forum. Being a victim of a medical malpractice, he demanded a compensation of Rs 20 lakh, including the cost of corrective surgery planned in Bangalore. Colaco Hospital asserted that there was no deficiency in service as it was responsible for providing only medical care. During the course of hearing, Neuro Surgeon Dr Arjun Shetty conceded that the tip of forceps broke during the surgery and tip firmly got embedded in between disc space of the patient.

 

Despite their best efforts, the broken fragment remained lodged in the spinal cord. Denying allegations of medical malpractice, he said the breaking of forceps was beyond his control. Dr Shetty also revealed that parents and the patient were informed about the metal piece lodged in lumbar region.

 

After hearing the arguments and counter arguments, Forum president Asha Shetty observed that the discharge summary issued by the Hospital had revealed nothing about the presence of a metal object inside the body.

 

Examining another letter requesting Dr Praveen Achar to submit the MRI report, the Forum strongly disapproved the surgeon’s decision to send the patient for an MRI scan. “No prudent doctor will insist on an MRI scan, as Magnetic Resonance Imaging would have caused further damage to the patient due to high magnetic power,” the Forum president observed and added that despite leaving a surgical instrument behind, the surgeon had attempted at hushing up the incident.