MUMBAI: Dubbing a doctor a "quack" for administering anaesthesia despite not being qualified to do so, the state consumer commission has observed that no doctor can do a specialized job if he or she does not have the necessary qualification.
The case pertains to a woman who died days after giving birth to her child 10 years ago following anaesthesia-related complications. The commission relied on Supreme Court judgements which observed that "unless the person holds a necessary qualification, he should not perform the job of the specialist".
The Maharashtra State Consumer Disputes Redressal Commission upheld a district forum order which found the doctors guilty of negligence. It directed gynaecologist Dr Sujata Rathod and physician Dr Vasant Kumar Jog to pay the victim's family Rs 6.6 lakh as compensation.
—husband Shashikant Vichare, minor daughter and mother-in-law—Rs 1.1 lakh and Rs 5.1 lakh respectively.
The commission observed that Rathod was aware that Jog did not hold either a post-graduate degree or diploma in anesthesia which is a mandatory qualification for an anaesthetist as per the Medical Council of India
The commission also referred to an expert committee observation which stated that a quack is a person who does not have knowledge of a particular system of medicine but practises in that system, and is a mere pretender of a medical knowledge or skill—in effect, a charlatan.
In the complaint filed before the forum in 2004, Vichare had alleged that his wife Shashikala was pregnant and was registered as a patient with Rathod. She was trying to get pregnant for 10 years. On July 7, 2003, when Shashikala was examined, Rathod told her that there was foetal distress and she needed to undergo an emergency Caesarean section.
While Rathod performed the surgery, Jog administered the anesthesia.
Vichare stated that the baby was born at 9.50pm and by 10pm both doctors left the nursing home. He alleged that the doctors examined her only on July 8, 2003 and did not administer post-operative care. After this, the patient was left in the care of an RMO, who was not an allopathic doctor but a homeopath. Vichare said that although Jog was not an anaesthetic doctor and Rathod was aware of this, she let him conduct the procedure. He stated that Jog administered the wrong anesthesia, which caused chest congestion. After a month's treatment, Shashikala died on August 9, 2003, at the hospital due to bilateral pneumonia with impending adult/acute respiratory distress (ARDS).
Vichare submitted a report of the committee of experts, which supported the family's claim. Among its various observations the committee had said that when a patient had respiratory tract infection it is a standard practice to administer spinal anesthesia to minimize the complications. Despite this, in Shashikala's case, general anesthesia was administered, the committee said.
Rathod however contended that when Shashikala came to her for a check-up in June 2003, she was treated for cold, cough and fever. Even after the operation, she repeatedly checked on the mother and baby, and both were healthy, she submitted. Rathod stated that she got to know of Shashikala's death only on August 10. Jog argued that there was no negligence in the administration of the anesthesia. He further argued that as an anaesthetist he had examined the patient and had also seen the medical treatment papers and found that she was fit to be administered anesthesia.
In November 2011, a district forum passed an order in favour of the Vichares. Aggrieved, the two doctors filed an appeal. The commission dismissed the appeal.
Experts back kin's claims against doctors
The state consumer disputes redressal commission has awarded the family of Shashikala—her husband, minor daughter, and mother-in-law —Rs 6.2 lakh, for her death from complications caused by the administration of anaesthesia during her childbirth. The commission observed that gynaecologist Dr Sujata Rathod was aware that physician Dr Vasant Jog did not hold either a PG degree or diploma in anaesthesia.
In the complaint filed before the forum in 2004, Vichare had said his wife Shashikala was pregnant and was Rathod's patient. She was trying to get pregnant for 10 years. On July 7, 2003, when Shashikala was examined, Rathod told her that there was foetal distress and she needed to undergo an emergency Caesarean section. While Rathod performed the surgery, Jog administered the anaesthesia. Vichare said though Jog was not an anaesthetic doctor and Rathod was aware of it, she let him conduct the procedure.
He said the baby was born at 9.50pm and by 10pm both doctors left the nursing home. He alleged that the doctors examined her only on July 8, 2003 and did not administer post-operative care. The patient was left in the care of an RMO, a homeopath. He stated that Jog administered the wrong anaesthesia, which caused chest congestion. After a month's treatment, Shashikala died on August 9, 2003.
Vichare submitted a report of the committee of experts, which supported the family's claim. Among its various observations, the committee had said when a patient had respiratory tract infection it is a standard practice to administer spinal anaesthesia to minimize the complications. Despite this, in Shashikala's case, general anaesthesia was administered.
But Rathod said when Shashikala came for a check-up in June 2003, she was treated for cold, cough and fever. Even after the operation, she repeatedly checked on the mother and baby, and both were healthy, she submitted. Rathod said she learnt of Shashikala's death only on August 10. Jog argued that there was no negligence in the administration of the anaesthesia.
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