Medical negligence: Consumer panel asks doc to pay over ₹45L
JUDGEMENT POINTS TO MENTAL TORTURE, ANXIETY AND HARASSMENT
LUCKNOW: The State Consumer Disputes Commission Redressal Commission has fined Dr Amrita Rai of Srijan Hospital, Kasaya Road, Padraun Kishi Nagar, Rs 15,39,752 with interest @ 10% from 1.12.2020 till the date of actual payment and also directed to pay Rs30 lakh to one Sunila Sharma for mental torture, anxiety, harassment, and also to bear costs of the case with interest @ 10% from 1.12.2021.
The Commission directed the doctor to pay the whole amount of Rs.45,39,752.00 within 60 days from the date of judgment otherwise the rate of interest will be 15%. Member State Consumer Disputes Redressal Commission, justice Rajendra Singh, in his judgement has found the doctor guilty of medical negligence.
Applicant Sunila Sharma conceived and went to Dr Amrita Rai of Srijan Hospital for treatment on 7.5.2020. She was admitted in the hospital on 25.5.2020 and gave birth to a child after a Caesarean section. She was discharged on 31.5.2020 and told that the drain pipe shall be removed after five days. She visited Dr Rai on 5.6.2022 with a complaint of fever and stomach ache. She was again admitted and discharged after three days. However, the problem persisted and she again visited Dr Rai, who after an ultrasound test, referred her to Savitri Hospital, Gorakhpur, where she was examined by a doctor and a case of ‘Gossypiboma’ (gauze, sponges and towels, inadvertently left in the body cavity at the end of a surgical operation) was found. Some foreign item had been left in her stomach during the Caesarean operation.
On 9.6.2020 she was surgically operated upon by Dr Rajiv Sharma and a cotton pad measuring 6 X 3 X 1 inches was found in the stomach. Sharma filed a complaint with the district forum where she was awarded only Rs 4 lakh in total.
She filed an appeal before the State Consumer Disputes Commission Redressal Commission where, pronouncing the judgment, member Justice Rajendra Singh awarded Rs 45,39,752 to be paid within 60 days from the date of judgment.