Dinesh Singh ORDER
Dr. S.M. Kantikar, Presiding Member
1. The Complainant Vinod Khanna aged about 65 years (for short "the patient") in second week of January, 2010 suffered pain in abdomen and difficulty in passing urine. He was rushed to emergency department of Fortis Hospital at Vasant Kunj, New Delhi and after cauterization urine was removed. Thereafter, due to financial difficulties, for further treatment, he approached Dr. Anil Varshney (OP-2) at RG Stone Urology and Laparoscopy Hospital (OP-1-for short "hospital"). The OP-2 examined the patient and advised surgery for to remove pus and also if required, removal of prostate. Ultra sonography (USG) study was performed and the patient underwent surgery on 13/01/2010. The OP-2 removed the pus and prostate. Total bill incurred by the patient was 1,04,725/- The patient was discharged on 15/01/2010 with catheter placed in the bladder for five days. On 18/01/2010 patient approached OP-1 hospital for the complaints that after surgery the he started passing urine from the rectum instead of his urethra. The OP-2 after examination informed the patient that the complication occurred and advised for natural healing, re-insertion of the catheter for further six weeks. Being worried, the Complainant approached Dr. Ajit Saxena at Indraprastha Apollo Hospital and he got admitted and took treatment from 19/01/2020 to 04/02/2010. Thereafter, was under follow-up at Indraprastha Apollo Hospital on 15/02/2010, 18/03/2010 and 23/03/2010. For his treatment incurred about 1,30,791/- expenditure at Indraprastha Apollo Hospital. However, patient did not get complete cure. Thereafter, on 13/04/2010 patient reverted to Fortis Hospital at Vasant Kunj and discharged on 21/04/2010. He further incurred 1,15,640/- for the treatment. Thereafter, he was visiting regularly to the Fortis Hospital.
2. Being aggrieved by the negligent treatment at OP-1 the Complainant suffered injury and complications at the hand of OP-2, complainant filed the instant complaint before this Commission and prayed compensation of 1,88,37,602/-.
3. The OPs. 1 and 2 resisted the complaint and denied the allegations. The OPs took preliminary objection of limitation as the instant complaint was filed in year 2018, i.e. after 8 years of cause of action which arose in year 2010. The OPs further submitted that the Complainant had prior surgery of hernia and appendix with history of tuberculosis and acquired immune deficiency syndrome (HIV). It was submitted that prior to visit to OP-1 Hospital, he approached few renowned hospital in Delhi, but could not get the treatment. At OP-1 repeat USG confirmed the diagnosis as grade III benign enlargement of prostate (BEP) with multiple abscess cavities and some of them found fluctuating and communicating to posterior side of nodules which might be due to immuno-compromised status of the patient.
4. On 13/01/2010, the patient was admitted for the planned surgery for prostatic abscess de-roofing. He was known case of HIV positive, cryptococcal meningitis, Kaposi's sarcoma and tuberculosis. The surgery was uneventful, lasted for about an hour. As a standard procedure OP-2 did per rectal examination and needle was put in the cavity, but no pus came out. Cystoscopy was done and urethra was found normal. De-roofing of the prostrate was done and the Foley's catheter placed. All required post-operative due care was taken. The patient was discharged on 15/01/2010 and called for follow up on 18/01/2010.
5. On 18/01/2010, on removal of Foley's catheter, it was noted that the patient passing urine through rectum which was a rare complication. The patient was properly explained and counseled about such known rare complication. It wa........