Rs one lakh compensation for man who gulped needle during root canal

MUMBAI: Upholding a district forum order, the state commission has directed a dental hospital and a dentist to pay Rs 1 lakh compensation to a man who accidently swallowed a needle during a root canal procedure in 2009. The panel also reprimanded the hospital and dentist for relying on the defence that the complainant was drunk at the time of the incident. "When the respondent was under influence of the alcohol, the appellants should not have carried out the treatment," the commission said.

Balaso Patil had approached dentist Prashant Wale of Smt Mallavvabai Valyal Charitable Dental Hospital for the treatment on September 19, 2009. Wale took an X-ray and told Patil to come back for a root canal the following day. In the complaint filed before the district forum in 2009, Patil alleged that while carrying out the root canal, a needle from an instrument broke and went into his abdomen. The dental hospital then referred Patil to another hospital where an endoscopy was carried out. Alleging deficiency in service, Patil filed a complaint.

The opposite parties contested the complaint, alleging that when Patil arrived for the root canal, he was under the influence of alcohol and did not co-operate with the treatment. They further claimed that Patil was directed to keep his mouth open but he swallowed the needle instead. The dentist and the hospital said it was they who sent Patil to the other hospital to remove the needle and that he had returned to them for further treatment.

On June 28, 2011, the district forum directed the opponents to pay the compensation. They filed an appeal in the Maharashtra State Consumer Disputes Redressal Commission. It said that the fact that Patil had taken further treatment for the dentist and the hospital did not absolve them of their responsibilities. "The appellant failed to prove that there is no negligence in service," the commission said.

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