M’lore: 2 doctors ordered to pay Rs. 5 lakh each compensation

The Hindu

Mangalore, 23 November 2011: The Dakshina Kannada Consumer Disputes Redressal Forum has directed two city-based doctors to pay compensation of Rs. 5 lakh each to M. Vivek Prabhu of Dambel holding them guilty of “gross negligence” leading to the death of Mr. Prabhu’s mother.

 

The forum has asked Omega Hospital, where the treatment took place, to pay compensation of Rs. 1 lakh to him. The hospital was guilty of failing to produce the relevant documents. It asked the doctors and the hospital to pay Rs. 3,000 towards litigation expenses. The doctors are K. Mohan Pai of Mangalore Heart Centre, Kodialbail; and K. Mukund, Chief Cardiologist, Omega Hospital.

 

Mr. Prabhu took his mother Shantha Prabhu to Dr. K. Mohan Pai who had suffered from mild chest pain on November 25, 2008. Diagnosing it to be unstable angina, the doctor prescribed medicines. When the pain did not subside, the doctor advised her two days later to admit in Omega hospital under Dr. Mukund for coronary angiogram (a test to pictures of blood flow in an artery or vein). She was subjected to angioplasty subsequently. While angiogram is a diagnostic procedure, angioplasty is a treatment to remove blocks in heart.

 

The forum found that there was no emergency situation (to conduct angioplasty). It found that the consent had been obtained only for angiogram and the word “angioplasty” appeared to have been added subsequently in the consent form “in order to save them (the doctors)”. Conducting the procedure without informed consent was unfortunate, the forum said, “The act was an unauthorised invasion and interference of the patient’s body.” The forum said Dr. Pai, was not authorised to obtain informed consent as he was not a cardiologist. The forum was surprised that some of the documents showed him to be a cardiologist, although he was only a physician.

 

The complainant was at liberty to write to Medical Council of India and Medical Council of Karnataka for appropriate action “because innocent public should not suffer from such type of doctors.” The forum said, the original case sheet was not produced by the opposite parties “in order to conceal their manipulation.” Considering the hospital’s plea that the records had been misplaced, it said, the hospital was at liberty to recover the amount from its staff.

 

While awarding compensation, the forum added, “love and affection of the beloved mother cannot be counted in terms of money.”