Indian Express
06 April 2010
By Aaditi Jathar Lakade

Though the pleadings of the case are over, consumer forum postponed the judgment for an indefinite time because of other pending cases
IT’S been 20 months since his wife Rupali slipped into coma following a caesarean section operation in a private hospital in August 2008, allegedly due to medical negligence.

Prashant Kuke, an IT professional, filed a plea for compensation of about Rs 35 lakh with the Maharashtra State Consumer Disputes Redressal Commission in early 2009.

Though the pleadings are over the final judgment is still to come due to other pending cases.

“While all pleadings of the case are over and we were hoping for final judgment, the Redressal Commission ordered that the judgment be postponed for an indefinite time because of other pending cases,” said advocate Dnyanraj Sant, Kukde's counsel.

Kukde's case does not have sufficient ‘seniority’ as there are cases that are eight years old still awaiting judgment. Kukde who believes justice delayed is justice denied is headed to Mumbai this week to request the consumer forum to consider his case as an exception and give the final hearing at the earliest as the case has already been heard and only the judgment is pending.

Last year, an expert committee of Sassoon General Hospital confirmed medical negligence and police arrested the two doc tors. But the duo were later released on bail.

A pregnant Rupali was admitted to Jeevandeep Medicare Centre on Pashan–Sus Road for delivery of her second child in August 2008. She went into coma after the caesarean operation and an expert committee of six doctors from Sassoon confirmed that she was in that condition because of negligence on part of the doctors –an overdose of anesthesia.

Rupali had delivered a boy who is healthy and is now being taken care of by Kukde's mother.

A police complaint was lodged immediately after the incident at the Chatushrungi police station. While the police arrested Dr Deeplaxmi Ragade and anaesthetist Dr R P Daga, they were soon released on bail.

Meanwhile, Kukde said, “We will also submit Rupali’s latest medical certificate for consideration so that the case does not drag on for years.” The case is yet to come up for hearing in the Pune district court almost two years after lodging the complaint. “Earlier, the police said they needed the report by Sassoon expert committee. I submitted the report about five months ago and no action has been taken by the police yet,” Kukde said.

The police said a chargesheet has been submitted in the court two months ago and the case will come up for hearing in due time.