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Compensation for medical negligence Consumer Notes

Prabhakkar Sharma

VISAKHAPATNAM: The Visakhapatnam District Consumer Forum-I on Thursday directed a doctor running a private hospital and surgeon there to pay Rs.3 lakhs towards medical expenses, Rs.50,000 towards expenses for nutritious food, Rs.3 lakhs as compensation on account of pain, suffering and mental agony caused, to a consumer along with Rs.5,000 towards litigation costs.

A middle aged woman in the city, J. Samrajyam, went to Sri Balaji Hospital in Dandu Bazaar the city complaining of abdominal pain. She consulted the doctor who owned the hospital, A. Saibabu, and he along with a specialist in surgery working in King George Hospital in the city, G. Arjuna, decided that her gall bladder was to be removed. Accordingly the surgery was done on June 22, 2002. But during surgery, they had cut the common bile duct (CBD) negligently resulting in the bile leaking into abdominal cavity. By the time she was discharged five days later, she had severe pain in the abdomen and also developed jaundice.

Two days later, she again joined the hospital, put on oxygen and several tests were made. They failed to diagnose properly and discharged her on July 7.

She later got admitted in a corporate hospital in the city in a critical condition with multi-organ failure. Here the exploring surgical test revealed the cut in CBD. There was also accumulation of three litres of bile in the abdominal cavity which was drained out and she recovered and discharged on July 27, 2002.

The consumer later filed a complaint (577/2003) in the Forum against the doctor and the surgeon seeking a direction for compensation and relief.

While the doctor denied the allegations, the surgeon remained ex parte.

President of the Forum Y. Dhilleswara Rao, and members G. Viswanatha Reddy and D. Suseela, in their verdict observed that though the skills of professionals varied from person to person, what was required was a minimum degree of reasonable care and caution.

“If we look at the tenets of good medicine, one of them envisages

`it is better to do nothing than to make things worse’”, they noted. It was rightly diagnosed and advised surgery by the opposite parties but the problems arose due to negligence during surgery, they stated and held it was a case of deficiency in service and allowed the complaint.

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