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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     25 June 2008

MEDICAL Negligence - Consumer Act

Dear All,
The following appeared in a newspaper, as detailed below.  For furture reference purposes.

The high-light, CRITERIA , "KEYWORDS"  are  "  ... it is expected to anticipate all future complications and keep the arrangement of all experts in the field ready otherwise it should not undertake such patients ..."

Please provide your Suggestions / Opinions on the above.

Keep Smiling ... Hemant Agarwal

 

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Published on June 25 2008, Page 2
Newspaper : Hindustan Times, NewDelhi Edition.
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Title :  Hospital asked to pay Rs 60,000 for man's death                             

NEGLIGENT POST-OPERATIVE care has landed a city hospital in trouble with a consumer court, which has directed the hospital and one of its doctors to pay Rs 60,000 compensation to the family of a 33-year-old patient who died soon after a hip-joint surgery .

"Whenever any nursing home or hospital undertakes to treat a patient or conduct any surgery, it is expected to anticipate all future complications and keep the arrangement of all experts in the field ready otherwise it should not undertake such patients," the Delhi Consumer Commission said.

The Commission directed Ram Lal Kundan Lal Orthopaedic Hospital and its senior surgeon Dr S.P. Mandal to pay Rs 60,000, including litigation cost, to the widow of Narinder Batra who died on February 1, 1999 within four hours of the surgery .

"We hold the hospital and the doctor guilty jointly and severally for limited negligence for lack of post-operative care and not making available the services of a doctor immediately," the Commission headed by Justice J.D. Kapoor said.

Batra, an employee of State Bank of Patiala, who was having cardiac problem, was admitted to the hospital for the surgery on March 31, 1999. It was alleged he was administered anaesthesia and later operated upon despite his high blood pressure, which led to the deterioration in his condition, resulting in a sudden cardiac arrest.

Seeking Rs 19.5 lakh as compensation, Batra's widow alleged that the hospital did not provide immediate help of a cardiologist to the patient and also did not allow them to take the victim to a super speciality centre. 



Learning

 1 Replies

podicheti.srinivas (advocate/legal consultant)     25 June 2008

This is a case of a medical negligence reported in the news paper,any sort of deficiency of service in medical field will render the person loose his life or affect him to the rest of the life making them physiclly or mentally impaired.


In the above case the patient who is undergoing treatment is acardiac patient,before undertaking any surgery the doctors duty is to get the patient checked thoroughly wherein he can exercise due dilligence and proper care in saving the lives.


The doctors herein had knew that the patient is a cardiac patient and there is arisk of any cardiac problems before or after the surgery ,anticipating the same they would have engaged theservices of a Cardiologist,but they have not done so for the reasons bestknown thus they have not taken proper care behaved negligently ,in giving post operative care thus  leading to the death of the  patient.In my view loss of human life is immense and you can"t compensate with any quantum of money,the compensation granted by the forum is mere pea nuts.   


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