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This is an archive article published on June 18, 2013

Court issues showcause notice to GMSH on plea of victim of medical negligence

The UT State Consumer Disputes Redressal Commission headed by Justice (Retd) Sham Sunder on Monday issued a show-cause notice to Government Multi Specialty Hospital (GMSH),Sector 16,on a contempt petition filed by Suman,a victim of its medical negligence.

The UT State Consumer Disputes Redressal Commission headed by Justice (Retd) Sham Sunder on Monday issued a show-cause notice to Government Multi Specialty Hospital (GMSH),Sector 16,on a contempt petition filed by Suman,a victim of its medical negligence.

According to the counsellor,on December 16,2010,due to wrong blood transfusion at GMSH-16,Suman lost her child in the womb itself and her kidneys were also severely affected.

Later,she was shifted to PGI,where her kidneys were revived after prolonged treatment.

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The Chandigarh Administration had appointed an inquiry committee,and on the basis of its report the Consumer Commission directed the hospital and its three doctors to pay Rs 4 lakh as compensation and Rs 50,000 as legal costs. The GMSH,Sector 16,was also directed to bear the burden of treatment of Suman for life.

Pankaj Chandgothia,counsel for Suman,contended that although GMSH-16 was held vicariously liable for the fault of its employees,it had not paid the entire amount till date. “It has only paid a sum of Rs 1 lakh towards compensation and Rs 12,500 towards legal costs,” he said.

The hospital took the stand that it was liable to pay only one-fourth of the amount and rest was to be paid by the three guilty doctors. “GMSH and the doctors were held liable to pay jointly and severally. Therefore,Suman was entitled to the entire amount from the hospital,which could then recover it from its employees,” Chandgothia said,Chandgothia pointed out that since the amount was not paid within 45 days of the order,the GMSH was also liable to pay 12% interest on the unpaid amount with effect from January 21,2011,as per the orders.

The lawyer during court proceedings,also said that the GMSH had also not filed any appeal against the orders and hence the judgment had become final and binding.

The Commission issued the contempt notice for 22nd July,2013.

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