31st August, 2007
DMC/F.14/DC/Comp.399/2/2007/
ORDER
The Delhi Medical Council examined a complaint of Shri H.P. Gupta r/o. AC-68,
Tagore Garden, New Delhi-110027, forwarded by Department of Home (Police-II), Govt. of
NCT of Delhi, alleging medical negligence on the part of Dr. Rajeev Maheshwari in the
treatment administered to complainant’s son Shri D.K. Gupta at Bhagwati Hospital (OPD No.
2400/6). The Delhi Medical Council perused the complaint, written statement of Dr. Rajeev
Maheshwari, rejoinder of Shri H.P. Gupta, medical records of Bhagwati Hospital, other
documents on records and heard the following in person :1. Shri H.P. Gupta
Complainant
2. Shri D.K. Gupta
patient
3. Dr. Rajeev Maheshwari
Briefly stated the facts of the case are that Shri D.K. Gupta (referred hereinafter as the
patient) the patient was admitted in Bhagwati Hospital with intra articular fracture, upper end
tibia lateral condyle (L) leg on 15.10.2006. The patient underwent cannulated screw fixation
under C-Arm with close reduction on the same day.
The patient was discharged on
16.10.2006. In an X-ray report dated 25.11.2006 of Jant X-Ray & clinical Lab, Raja Garden,
it was reported that there was “Lateral deviation of lateral condyle of left Tibia. Some callus
formation is seen at fracture of shaft of left Tibia.” Dr. Rajeev Maheshwari on examining
check X-ray in his prescription dated 2.12.2006 noted that the same was not satisfactory and
advised Bone grafting.
Contd/-
(2)
It is the allegation of the complainant that the complication of lateral deviation of
lateral condyle of left Tibia, occurred because the close reduction procedure was not properly
done by Dr. Rajeev Maheshwari. Dr. Rajeev Maheshwari in his written averred that since the
skin of the patient did not warrant an open surgery, in order to prevent further collapse of
fracture fragments minimal invasive cannulated screw fixation under C-Arn procedure was
done. Regular dressings of wound was done to get further better results and patient was
advised Bone Grafting as the same is routine procedure in orthopaedic on 2.12.2006. The
patient lost to follow up thereafter.
It is the decision of the Delhi Medical Council that in light of the skin condition of leg
noted in medical records of Bhagwati Hospital, the decision of Dr. Rajeev Maheshwari to
perform closed reduction and cannulated srew fixation under C-Arm, was justified.
On examination of X-ray dated 15.10.2006, done just after the operation and the
Digital X-ray dated 25.11.2006, it appears that the fracture reduction got displaced further,
because of which Dr. Rajeev Maheshwari advised surgery.
It is noted that the patient
discontinued treatment with Dr. Rajeev Maheshwari after 2.12.2006, but consulted doctors of
five different hospitals and the advise given by different doctors do not match with each other.
In our opinion the decision of Dr. Rajeev Maheshwari to carry out close reduction
with cannulated screw fixation under C-Arm and subsequent advise for Bone Grafting is in
accordance with accepted professional practices in such case, hence no medical negligence
can be attributed on the part of Dr. Rajeev Maheshwari in the treatment administered to the
patient Shri D.K. Gupta.
Complaint stands disposed.
By the Order & in the name of
Delhi Medical Council
(Dr. Girish Tyagi)
Secretary
Contd/-
(3)
Copy to :-
1)
Shri H.P. Gupta, AC-68, Tagore Garden, New Delhi-110027
2)
Dr. Rajeev Maheshwari, Maheshwari Bone, Joint & Fracture Clinic, A-194,
Prashant Vihar, Rohini, Delhi – 110085 (Lane Opp. Narula’s)
3)
Dy. Secretary (Home), Home (Police-II) Department, Govt. of NCT of Delhi, 5th
Level, C-Wing, Players Building, Delhi Secretariat, I.P. Estate, New Delhi-110002 –
With reference to letter No. 10/C-20/2007/HP-II/2844 dated 13.4.2007
(Dr. Girish Tyagi)
Secretary