AHMEDABAD: Nitin Patel of Unjha City will eventually receive Rs 50,000 with 9% interest from 2001 as compensation for a procedure gone wrong.
Patel had requested the procedure to treat his hearing impairment and the ENT surgeon was unable to extract the dye after pouring it into his ear. Patel had to undergo another surgery to get rid of the material. The final order for payment of compensation was issued on January 10.
According to the case details, in January 2000, Patel saw ENT surgeon Dr Rakesh Pathak in Unjha to address the hearing loss in his left ear. The doctor suggested implanting a hearing aid and Patel agreed. Before implanting the hearing aid, the doctor poured material into Patel’s ear, which stuck to his eardrum. The doctor tried to extract her for three days but was unsuccessful. Patel started having problems with his ear, including swelling. He said he couldn’t hear properly with his left ear. Patel had to see another ENT surgeon, Dr. Haresh Trivedi, who performed surgery to fix his problem.
Patel sued Dr. Pathak, moving the Consumer Dispute Redress Commission from Mehsana District. Dr Pathak defended himself, saying the patient did not become deaf as a result of his treatment. The doctor said Patel already had problems with his ears so it was agreed to have a hearing aid implanted. But the dye poured into his ear would not come out.
The commission noted that Patel’s claim that his deafness was due to Dr Pathak’s treatment was false as he already suffered from the problem. However, he said it was negligence on the part of the doctor that he was unable to remove the material from the patient’s ear using his skills. He did not consult or refer the case to a chief medical officer, the commission observed. In 2010, the doctor was asked to pay Rs 50,000 to the patient in compensation for the treatment he had to follow with another doctor.
Dr. Pathak proposed the Gujarat State Consumer Dispute Redress Commission; his challenge failed.