KOCHI, NOV 19: A division bench of the Kerala High Court has directed Dr Antony Peter of Mercy Hospital, Thodupuzha, and Adoration Convent, which runs the hospital, to pay Rs 1 lakh with interest as compensation for being negligent in treating Cicily K M, a part of whose foot had to be amputated as a result.The sub court, Thodupuzha, had in July 1988 ordered a compensation of Rs 1 lakh to Cicily. Challenging the order, the hospital appealed before the HC. Cicily had stated in her petition that she had fallen down while carrying a bucket of water and sprained her right foot on October 18, 1984. When the pain became severe, she went to Mercy Hospital where Dr Peter gave her some medicine. On her next visit to the hospital, an X-ray of the right foot was done and the doctor told her she had suffered a fracture. The next day, her right leg below the knee was put in a plaster cast.On October 25, her toes showed some discoloration and swelling. Blisters too had developedwhich were operated upon but the painpersisted. When the plaster was removed, it was found that the entire foot had become septic and ulcers had formed on both sides. All the toes had blackened.But Dr Peter said there was no cause for worry. He brought a surgeon from Alappuzha Medical College on November 2 and Cicily was told that her toes would have to be amputated. She was also shifted to Kottayam Medical College and there Cicily was told that part of her foot would have to be amputated. On November 7, half her foot was amputated. It was then that she moved the sub court seeking a compensation of Rs 3.5 lakh, alleging medical negligence. Cicily had stated then that she was just 24 years of age and unmarried and her career prospects were adversely affected because of the loss of her foot. But the hospital authorities contended they were in no way negligent in treating Cicily and that she had gangrene in her foot.The bench, comprising Justices P K Balasubramanian and K A Mohammad Shafi, observed that the hospital authorities had notexercised proper care and professional skill in treating the patient. Moreover, it was stated that gangrene set in due to the tight plaster cast put at the hospital. The doctor and the hospital authorities did not exercise proper care and professional skill thus, there was negligence on their part.The patient had to suffer mental and physical agony and large amounts were spent on her treatment. Thus, a compensation of Rs 1 lakh was moderate and reasonable. Interest too had to be paid at the rate of six per cent per annum from June 1988, the court held.
