Consumer court penalises doctors for medical negligence

In a recent case,the patient’s allegation of medical negligence was found to be correct by President of Punjab Consumer Disputes Redressal Commission Justice SN Aggarwal and Members Lt Col Darshan Singh and Amarpreet Sharma. The Commission directed two hospitals of Ferozepur to pay Rs 75,000 to a man as a cost of treatment,and Rs 25,000 as compensation. The complainant Sujit Kumar had suffered a fracture in his left leg,and the plates were affixed wrongly by doctors.

Sujit spent Rs 50,000 approximately for surgery and other hospitalisation charges. Later,another doctor charged Rs 10,000 for removal of the plates in his leg. Due to negligence in the fixation of plates,the left leg of the patient shortened,and he was permanently handicapped.

In another recent case,the Haryana Consumer Disputes Redressal Commission directed the owner of a hospital in Ambala Cantt to pay Rs 50,000 for mental agony,Rs 9,000 for the cost of medicines,and Rs 1,000 as litigation charges to a woman residing in the same area.

Sumita Sharma had complained to the Consumer Disputes Forum,Ambala,that she had got Copper-T inserted from the hospital to avoid further pregnancy. She later conceived a child. When she visited the hospital,she was told that there was a male child in her womb,and was advised removal of Copper-T. Due to some problems during the surgery,the foetus had to be aborted,but the Copper-T could not be removed. Later,she was told by other doctors that there was no need for removal of Copper-T.

President of the Commission Justice RS Madan and Member Diwan Singh Chauhan said that the operating doctor had been guilty of negligence,and upheld that award given by the Consumer Disputes Forum,Ambala.

In another recent judgment,the Haryana Consumer Disputes Redressal Commission directed a neuro-surgeon at Hisar to pay Rs 2 lakh to complainant Krishan Kumar for medical negligence,and Rs 10,000 as cost of litigation. Krishan Kumar had developed gangrene in his leg after plaster of paris was applied on the fracture,but follow-up treatment had not been given in time. His leg had to be amputated. Krishan Kumar’s complaint had been dismissed by the District Consumer Forum,Hisar,for lack of merit.

However,after considering the case,President of the Commission Justice RS Madan and Members Dr Rekha Sharma and Diwan Singh Chauhan observed,“Criminal liability of the neuro-surgeon for medical evidence is not proved,as the evidence required for criminal liability is much higher than civic liability. But at the same time the fact which is evident with naked eyes cannot be oversighted,that the complainant has lost his right leg and has become permanently disabled. Therefore the civil liability with respect to compensation cannot be denied,” stated the Commission,and granted relief to the complainant.