This is perhaps the first time that the country's leading cancer hospital has been held guilty of deficiency in service resulting in the death of a patient.

The three-member bench, headed by forum President R S Kale also ordered them to pay Rs 5,000 as litigation costs and Rs 90,000 towards expenses incurred by the family of the victim, Kamal Walawade, who eventually died at Sewagram Hospital in Wardha on November 7, 1997. The forum has also held the respondents jointly and severally liable to pay the total amount of Rs 2.95 lakh to the next of kin of the deceased by the year-end.

Walawade suffered from Hodgkin's disease in 1996 and was initially treated by Dr S P Kalantri at Wardha's Sewagram Hospital, where a lymph nodebiopsy test was conducted before she was sent to the Tata Memorial Hospital. Here, she was examined by Dr Reena Nair, who referred her to Dr Saika for treatment.

Dr Saika prescribed Velbe injections of 8 mg and 18 mg doses on the first and 15th day respectively following which she was taken to Wardha, where her condition deteriorated. She was then referred to Dr Anand Pathak, an oncologist from Nagpur, who opined that the patient was administered a strong dose of 18 mg. She was referred back to the Tata Memorial Hospital.

The forum found Dr Saika guilty of negligence in duty because he had himself made a noting on the medical papers of the patient that an 18 mg dose of Velbe injection had been prescribed by mistake. But he also scribbled on the papers that the patient was administered a third dose of 30 mg of Velbe injection which was disastrous for her.

However, the complainant and the doctors of Sewagram Hospital denied that the third dose of 30 mg of the injection had been administered. The forum,after scrutiny of the case papers, found no trace of such prescription and wondered how Dr Saika had concluded that such a strong dose of injection had been administered to the patient.

It was alleged that Dr Saika's noting of the third dose of 30 mg injection was baseless, malafide, mischievous, and intended to shift responsibility.

The forum noted that though Walwade might have died of cancer ultimately, it had ordered compensation for her family because her suffering had been hastened, resulting in early death. It felt that had she been alive for at least 10 more years she would have contributed Rs 1,500 monthly as a housewife and hence compensation of Rs 1.8 lakh would be sufficient. For pain and suffering, she should get Rs 10,000 and an equal amount for the loss of enjoyment of her life. The forum exonerated Sewagram Hospital and its doctor, Dr S P Kalantri, from liability of negligence.

The forum had served notices to Tata Memorial Hospital and the doctor concerned on June 8, 1998, but both ofthem remained absent throughout despite 20 dates of hearing till final arguments in September 1999. They also did not submit any written submissions.

Reacting to the judgement, Tata Memorial Hosital spokesperson, Syed Humayun Jafri told Express Newsline that they have not yet received a copy of the judgement and will decide on action only after that. Also, the hospital director, Dr K E Dinshaw is not in Mumbai and will return next Monday. A decision on whether to appeal against the judgement will be taken after that, Jafri said.