Matadeen visited Dr. Kedia as he had a swelling on his neck. The doctor advised and performed a surgery for the thyroid gland and discharged him five days later. Specimen from the surgery was sent for biopsy that shockingly revealed Anaplastic Small Round Cell Carcinoma. Ground beneath Matadeen and his family was pulled apart at this revelation. They could not understand just how can the doctor miss identifying such a serious condition!
Matadeen’s relatives didn’t miss reaching out to the State Consumer Disputes Redressal Commission, Rajasthan. And rightly so. They alleged that despite knowing well that the patient had cancer, Dr. Kedia kept him in the hospital without giving any treatment for cancer. What was the need to do so, wasn’t he just usurping money from us, questioned the relatives.
Dr. Kedia was as casual as he was with the patient. He simply specified that there is no expert opinion presented to prove negligence. Moreover, Matadeen was referred to a cancer hospital for treatment and the hospital was informed about it through a letter. The patient’s condition is not due to any alleged negligence as claimed by the patient’s relatives, concluded the doctor.
The Commission couldn’t believe the arrogant stance taken by Dr. Kedia. He was reprimanded and told that he neither referred the patient to an expert for treatment of cancer nor rendered any treatment himself; he did not even care to inform the patient that he was suffering from cancer. The Commission noted that while the doctor claimed to have referred the patient to a cancer hospital, he did not present the referral letter as evidence. The Commission also noted that the date of admission, date of discharge and treatment given to the patient during his stay at the hospital was not mentioned in the discharge summary. Lastly, on one hand the doctor maintained that the patient was discharged in a satisfactory condition, on the other hand he claimed to have referred the patient to a cancer hospital for treatment, observed the Commission.
Dr. Kedia’s self-contradictory fact and other misdoings were aptly nailed by the Commission. He was found guilty of gross negligence and was ordered to pay a compensation of INR one lac.
Source: Order pronounced by National Consumer Disputes Redressal Commission, New Delhi on 30th March, 2016.