Hospital to pay `4L for botched surgery
After fighting a case of medical negligence for nine years, a 43-year-old weaver from Kadapa won a significant victory when the Hyderabad Consumer Disputes Redressal Forum awarded him around `4 lakh, including `1.5 lakh in compensation.
Mr Aluru Narasimha Prasad, who was 34 then, told the forum that on June 12, 2009, he suffered a thigh bone fracture and was admitted in the Durgabai Desmukh Hospital (DDH) under the Aarogyasri scheme. He paid `3,000 for the steel rod which was used in the surgery, and was discharged on June 20. He returned to the hospital on June 29 for removal of sutures but complained of pain and loss of balance. When he complained of difficulty in travelling from Kadapa, the doctor told him to contact local medical practitioners.
He approached Dr S. Subramanya Rao at Kadapa who told him that the operation had failed. Mr Prasad returned to the Durgabai Desmukh Hospital on August 15 and reported the diagnosis. The hospital agreed, admitted him on the same day and collected `2,000. He said the doctors conducted another operation from 5 pm to 6 pm and asked him to leave at 9 pm.
He visited Dr Subramanyam on October 18, who declared that this operation had also failed. Mr Prasad next approached Dr M. Srinivasulu on October 23, 2009, for a second opinion. Dr Srinivasulu agreed with the diagnosis and asked Mr Prasad to undergo another surgery.
Thereafter, Dr Srinivasulu performed the surgery at the Sri Venkateshwara (Ortho) and Trauma Clinic, Kadapa and replaced the rod measuring 9x36 mm with a new one of 11x38 mm.
Following this, he issued a legal notice to Durgabai Deshmikh Hospital which said it had followed “established procedure”. Mr Prasad said he cannot sit properly for weaving cloth which has resulted to a loss of income.
The Durgabai Deshmukh Hospital hospital denied the charges and accused Mr Prasad of trying to make wrongful gains.
The forum ruled that the Durgabai Deshmukh Hospital doctors had failed to discharge their duty. Apart from a compensation for negligence of `1.5 lakh, the forum ordered the hospital to reimburse the expenditure of `1,78,069, and pay Mr Prasad `75,000 for causing mental agony and `10,000 towards costs.