Two Andhra doctors held guilty of negligence,to pay Rs 5.5 lakh

“We are of the view that since three young children have been rendered motherless,two of them at infancy,in the interest of securing their future,there is a case for enhancing the compensation. We,therefore,direct that the compensation of Rs 1 lakh given to each of the three minor appellants be enhanced by Rs 50,000 each,” said the NCDRC Bench,presided by Justice Ashok Bhan.

The Bench raised the compensation over that of Rs 4 lakh,awarded by the State Consumer Commission at the rate of Rs 1 lakh to each of the children and the husband.

The NCDRC’s order came on cross-appeals with victim’s husband Jangamgunta Balasubramnium and her minor children seeking enhancement of compensation and the doctors seeking annulment of the state commission’s order,which had held them guilty of medical negligence and had asked them to pay up.

The apex consumer commission while upholding the State Commission’s verdict relied upon the post-mortem report and said,“The fact that there was an injury to the bladder which caused leakage of urine has been confirmed by the post-mortem report.

“Since,this could have only occurred during surgery,there is an obvious nexus between the Caesarean section by the respondents and subsequent problems with the bladder.”

The doctors in their appeal,while trying to explain the injury to the woman’s bladder had contended that she had suffered kidney damage due to pressure on her kidneys during pregnancy and they had operated upon the urinary bladder to control the fluid leakage.

They had also contended that she was a high risk case.

The apex consumer commission,however,dismissed the doctors’ appeal,relying upon the State Commission order.

In his complaint,Balasubramnium had said his wife was admitted in Dr Ravindranath’s nursing home on August 1,2000 and the next day she had given birth to twins by caesarean section.

But from August 3,2000,there was leakage of urine which resulted in various other complications and her condition deteriorated and culminated in her death on August 7,2000,he had said adding that the cause of her death was found to be septicemia.