A consumer court in Sambalpur, Odisha has found two doctors and a private nursing home guilty of medical negligence and imposed a fine of Rs 80 lakh. The case involves a patient named Sumit Dash who was injured in an accident and suffered multiple fractures in his right leg, foot, and hand. He was initially taken to VIMSAR Hospital in Burla but was advised by the attending orthopaedic, Suraj Jain, to undergo surgery at a private hospital.
The patient and his family requested a titanium implant for the fractured bone, but the surgeons allegedly used a stainless steel implant against their wishes. This resulted in pain and pus formation in the patient’s right ankle. When the victim approached Dr. Jain, he was turned away with excuses. As the patient’s condition worsened, he sought treatment from another doctor who confirmed that the infection was caused by the stainless steel implant.
Due to the negligence of Dr. Jain, the patient’s health deteriorated, and he experienced unbearable pain. He was eventually admitted to a private hospital in Vishakhapatnam, and as a result, he lost his job, seniority, and earnings. The court ruled that the doctors must pay Rs 2.41 lakh for medical expenses and Rs 16 lakh for loss of earnings. Additionally, each doctor and the nursing home are required to pay Rs 20 lakh in compensation to the victim. Failure to comply with the court’s order within one month will result in an additional interest payment of 12% per annum from the filing date.
The victim’s lawyer accused the doctors of sending the patient to a substandard hospital, implying a lack of confidence in their own facility. The lawyer representing the private hospital’s owner stated that they will challenge the ruling by appealing to the Odisha State Consumer Disputes Redressal Commission.
Prasanta Patnaik 
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