Advocate claims nerve damage post-surgery, gets Rs 20,000 compensation hike

In 2017, the advocate started suffering pain in the left side of his hip joint and visited the hospital, where the doctor prescribed him some medicines and advised an operation on the left hip joint with an assurance of 0 per cent risk.

The advocate had earlier undergone a minor operation at another hospital in Chandigarh, where he remained admitted from July 5, 2017, to July 14, 2017. The advocate then got himself admitted to the hospital on December 1, 2017, and was then operated upon.

On December 8, 2017, the advocate was discharged from the hospital, but he kept complaining about the nerve pain in the left foot and further told the doctor that there was no proper movement in the foot. However, the doctor said that the pain was only due to surgery and assured him that he would be cured of the pain in a few months with proper follow-ups.

The advocate claimed that despite repeated requests, the doctor did not refer him to the Neurological Department in the same hospital for a proper medical check-up for the pain and non-movement in the left foot. Subsequently, the foot also developed swelling, and after a medical test, the doctors told the advocate that there was nerve damage in his left foot that had affected its movement and sensation.

The advocate alleged that, to cover his negligence, the doctor advised him to undergo physiotherapy, which continued for three months, but there was no benefit. The advocate also took treatment from another hospital but eventually got to know that his left foot had been damaged and he had difficulty in walking without the help of a stick.

According to the advocate, he became “a permanently handicapped/disabled person and is unable to enjoy his life in a normal manner,” which forced him to file a consumer complaint with the Bathinda District Commission seeking compensation for mental tension, agony, and loss of physical health.

On August 31, the district consumer commission directed the hospital and the doctor to pay Rs 50,000 to the advocate as costs and compensation. Seeking enhancement of the compensation, the advocate then filed an appeal before the state consumer commission.

Advocate DP Gupta, appearing for the advocate, argued that although the district commission had held that there was deficiency in service on the part of the hospital and the doctor, but the advocate was still not given adequate compensation.

The state commission noted that the advocate was “compelled to approach the district commission for seeking his legitimate and rightful claim and had to undergo considerable hardship and incur expenses in pursuing the litigation”, which was required due to the actions of the doctor and the hospital.

The state commission was of the view that “the compensation so awarded does not commensurate with the hardship, inconvenience, mental agony and financial loss suffered by the appellant/complainant,” and accordingly directed the hospital and the doctor to pay Rs 20,000 more to the advocate for his litigation expenses.

Takeaway

The ruling establishes the obligation of doctors to ensure proper treatment of patients and that the concerns of the consumers must not be ignored, causing them unnecessary inconvenience. For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Punjab: 0172-269-3737) or call the National Consumer Helpline at 1915 for assistance.

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