Doctor cleared of negligence in surgery case after being falsely accused; hospital to challenge Rs 10 lakh order
National Bulletin Network (NBN)
Pune: City based Dr Ranjit Jagtap, a renowned senior cardiac surgeon who was accused of medical negligence following a surgery, has been completely cleared of all wrongdoing by the Additional District Consumer Disputes Redressal Commission.
The Commission held that the allegations against him were “unproven” and “misleading.”
However, despite this, the hospital has been now directed to pay compensation based on limited service-related observations — a decision, which the hospital has said, will challenge.
As per the Commission’s order, “the treating doctor was not negligent, either during or after the surgery.” The Commission also recorded that the complainant failed to prove any lapse in medical care and was therefore not entitled to compensation on grounds of negligence.
The Commission further rejected the complainant’s demand for a refund of the surgery charges, stating that since the procedure itself was carried out properly, there was no basis to return the fees paid.
Another major factor that weakened the complaint was that the patient left Inamdar Hospital against medical advice (DAMA). The Commission noted that the complainant did not explain why he chose to seek discharge mid-treatment, a decision that directly affected the course of care and diluted the allegations made later.
The order also pointed out that the complainant failed to submit any recent disability certificate, and as negligence was never established, the Commission rejected the claim for future loss of income.
However, while clearing Dr Jagtap of negligence, the Commission held the hospital deficient on the issue of a mobile ventilator ambulance, saying that such a facility should have been available. The hospital has disputed this observation, explaining that a mobile ventilator ambulance is mandatory for hospitals conducting heart surgeries, and without it, no hospital can obtain registration.
It was also stated that the ambulance has been available with Rammangal Hospital since inception, and the patient was shifted to Inamdar Hospital in the same ambulance.
The Commission also raised questions regarding the arrangement of blood products during a planned surgery. The hospital explained that this is routine medical practice, where blood is kept ready as a safety measure and used only if required.
Another observation made by the Commission was that there was no written proof showing the procedure was explained a day earlier, on which basis deficiency in service was noted. On this point, the hospital maintained that proper consent was taken prior to surgery, in line with medical norms.
While the complainant had demanded Rs 22.20 crore, the Commission awarded Rs 10 lakh as compensation, along with Rs 25,000 towards legal costs, even after holding that the doctor was not negligent.
The hospital has now announced that it will challenge the compensation order before the State Commission, claiming that a doctor who has been judicially cleared should not be made to suffer the fallout of a complaint that failed on its core claim.