Suffering from immense pain in his hip, Praveen approached Wockhardt Hospital where a hip surfacing surgery was performed by Dr. Malan. After the surgery though, the pain didn’t subside. Praveen underwent a hip replacement surgery after about three months, and he was relieved of the pain.
On his feet, painless and fresh, Praveen perhaps started getting ideas. He believed that the Dr. Malan was the reason behind his prolonged suffering as he approachedState Consumer Disputes Redressal Commission, Maharashtra.It was alleged that the doctor had promised that the pain will subside and eventually go away after the surgery, but that did not happen. He further alleged that the doctor ought to have performed hip replacement surgery instead of hip surfacing surgery. Had he done that, he would not have suffered continuous pain and mental agony, conclusively claimed Praveen.
The good doctor could sense the bad blood easily. However, he had enough evidence at hand to be confident. Presenting expert opinion from J J Hospital, it was stated that hip surfacing surgery was a probable remedy and the same was performed as per standard of procedure. It was further stated that several tests such as MRI, bone scanning, etc. were conducted to rule at any possibility of infection post-surgery. How does choosing a different line of treatment as opined by the patient make me negligent, questioned Dr. Malan.
It did not, the Commission ruled after making apparent observations. It was observed that the surgery was successfully performed and no infection was found after it. The patient did not bring any evidence to suggest otherwise and even the expert’s opinion was in favour of the doctor.
Thankfully, the doctor was held innocent and the patient probably knew why.
Source: Order pronounced by State Consumer Disputes Redressal Commission, Maharashtra on 7th September, 2017