Maharashtra Consumer Disputes Redressal Commission directs ₹51 lakhs plus interest to be paid by fake doctor to widow
The two children of the deceased lost their father at a very tender age and the complainant lost her husband.
The two children of the deceased lost their father at a very tender age and the complainant lost her husband.
The Maharashtra Consumer Disputes Redressal Commission recently directed a fake doctor to pay ₹51 lakhs with 12% interest from 2016 to a widow and her children as compensation for the death of her husband because of a wrong injection given to him that caused his death.
Uttam Aandhale, 37, a practicing advocate lived with his wife Vaishali and two children in Navi Mumbai with a gross total income of ₹2,59,205 per annum.
In October 2014, he was complaining of pain in his left shoulder and visited a clinic. There Dr Dttatray Aagade administered an injection of Dyclofenac on the left side of his waist and prescribed some medicines. The pain continued and the area where the injection was given turned blackish blue in colour. Next day his wife took him to the same doctor where he was again given Dyclofenac’s injection on the right side of his waist this time.
The pain still continued despite taking the prescribed medicines. The wife then called Dr Aagade who advised her to take him to a hospital. One Dr Prashant Mohanty examined Uttam and said he was given incorrect treatment which has affected his whole body. Uttam was then shifted to another hospital where the doctors decided he would have to be operated on and the area where the injection was given would have to be removed to avoid gangrene. Uttam passed away the next day before the surgery could take place.
Soon thereafter a First Information Report was registered under the Maharashtra Medical Practitioner Act and Dr Aagade was arrested but is out on bail. It was revealed in the investigation that he had obtained a false certificate from the Medical Council of Indian Medicine on the basis of the false degree obtained from the University of Bihar, Muzzafarpur. He pretended to be a qualified Ayurvedic Doctor, but had no authority to give allopathy treatment. His registration was cancelled on account of no degree in medicines.
It was contended by Mrs Vaishali’s advocate that Dyclofenac injection falls in the Schedule “H” List which is to be administered by the qualified doctor having skill and requisite knowledge to administer the same. But, Dr Aagade being a quack administered the injection without having skill and knowledge. Hence, he was responsible for the death of the deceased.
President Justice SP Tavade and judicial member AZ Khwaja held, “Dr Aagade responsible for Uttam’s death and said in addition to the actual loss of income, the complainant (Mrs Vaishali) is required to spend a huge amount for school and higher education for both the children. The two children of the deceased lost their father at a very tender age and the complainant lost her husband. She has suffered loss of consortium. Therefore, the complainant is entitled compensation for love and affection for herself and children to ₹10,00,000.”
The bench noted, “She is also entitled compensation for mental agony due to medical negligence of the opponent to the tune of ₹5,00,000. She is also entitled for medical expenses borne by her for treatment of the deceased amounting to ₹37,137. So, the complainant is entitled to total compensation of ₹36,00,000 + ₹10,00,000 + ₹37,137, which comes to ₹51,37,137. The amount needs to be paid along with an interest of 12% from October 2016. The complainant is also entitled for costs of Rs.25,000 towards the cost of litigation.
