NEW DELHI: Over 23 years after a wrong-side surgery was conducted on a patient, the apex consumer commission has directed a Chennai-based multi-speciality hospital to pay Rs one lakh as compensation to him.
The National Consumer Disputes Redressal Commission (NCDRC) observed that Chennai-based C S I Rainy Hospital had not taken the "required reasonable degree of care and caution" while treating the patient and held it guilty of medical negligence.
The NCDRC passed the judgement while setting aside the Tamil Nadu State Consumer Commission's 2007 order dismissing the plea of the patient.
"In the instant case, the facts clearly indicate that the required reasonable degree of care and caution was not taken by respondent (hospital) in the treatment of appellant (patient) and, thus, respondent was guilty of medical negligence for which appellant should justifiably be compensated.
"We are unable to uphold the order of state commission and set aside the same. Respondent being guilty of medical negligence is directed to pay the appellant Rs 1,00,000 as compensation for unnecessary suffering and agony caused to him and to his family," the bench presided by Justice Ashok Bhan said.
The appellant, Chennai resident Javeed, had said in his plea challenging the state commission's decision that when he was two years old he was admitted to the multi-speciality hospital for treatment of hernia, a bulging of internal organs or tissues.
He had said that he was diagnosed as suffering from hernia on the right side of his groin and the hospital had said that he would require surgery for the same.
However, on August 12, 1989 the hospital operated on his left side instead, he said.
The Hospital, in its defence, had contended before the NCDRC that Javeed had been suffering from hernia on the left and right sides and required surgery on both sides.It had also said that as both sides could not be operated upon at the same time, the left side was operated upon first and his parents were asked to bring him back a month later for the surgery on the right side.
The patient's father had decided against the second surgery, the hospital had said.
The NCDRC rejected the contention saying, "In the instant case, nowhere did the case history state that appellant had symptoms of bilateral herniatomy (hernia on left and right side). On the contrary, after clinical and diagnostic tests, it was recorded that the surgery was for herniatomy on the right side.
"In view of these facts, we are of the view there is force in appellant's contention that he was wrongly operated for left herniatomy whereas the surgery should have been conducted on the right side."
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