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Chennai hospital to pay Rs.1 lakh for 1989 negligence
Wednesday February 06, 2013 02:21:42 PM,
Rahul Chhabra,
IANS
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New Delhi: Twenty-three
years after being operated on the wrong side for a hernia in a
Chennai hospital, a 29-year-old man has been awarded Rs.1 lakh by
a top consumer court that asked the private facility to compensate
him for the "unnecessary suffering and agony".
Holding out some relief for Javeed, who was only six when the
'wrong' operation took place, the National Consumer Disputes Redressal Commission held C.S.I. Rainy Hospital guilty of medical
negligence. It said in a recent ruling that the hospital "is
directed to pay Javeed Rs.1 lakh as compensation for the
unnecessary suffering and agony caused to him and his family".
Commission President Ashok Bhan and Member Vineeta Rai gave the
hospital time till March 31 to pay the compensation to Javeed, a
resident of the Tiruvottiyur area in Chennai.
"The facts clearly indicate that the required reasonable degree of
care and caution was not taken by the hospital's doctors in the
treatment of Javeed and, thus, the hospital was guilty of medical
negligence, for which he should justifiably be compensated," the
commission president said.
Javeed said in his complaint that he was admitted to the hospital
with a complaint of temporary inguinal hernia and was operated
upon Aug 12, 1989 after diagnostic tests.
During a follow-up visit, he said, a doctor at the hospital told
him that he would have to go under the knife once again as he had
been operated for left inguinal hernia and hernitomy instead of
being operated on the right side.
The commission ruled: "What constitutes medical negligence is now
well settled through a number of judgments of this commission as
also of the Supreme Court...one of the principles to test medical
negligence is whether a doctor exercised a reasonable degree of
care and caution in treating a patient."
The top consumer court dismissed the hospital's defence that the
patient's ailment was such that it required two successive
surgeries on both the left and right sides and that the doctors
informed his family that they would first attend to the left
portion.
"The hospital has not been able to produce any evidence that
Javeed's parents were informed that he was suffering with
bilateral herniatomy or that just prior to the surgery they were
informed that the surgery would be conducted on the left side and
not on the right side," the commission said.
The national commission accepted Javeed's appeal against a Tamil
Nadu State Consumer Disputes Redressal Commission decision that
gave a clean chit to the hospital.
Bhan said: "We are unable to agree with the finding of the state
commission that as per the evidence on record there was no medical
negligence in the treatment of Javeed."
"Clearly, Javeed was diagnosed for conducting a surgery on the
right inguinal herniatomy...whereas this surgery was conducted on
the left side without any evidence that it was this side which
required it," said the national commission, slamming the hospital.
Dismissing the hospital's plea, Bhan said: "Had the hospital
advised the patient's parents that he had bilateral herniatomy
(which required surgery on both right and left side), then perhaps
there would be some case for the hospital to explain how the
surgery was conducted on the left side."
(Rahul Chhabra can be contacted at rahul.c@ians.in)
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