Sunday, September 16, 2018

Hospital told to pay Rs 58 lakh to kin of man who died after surgery

TNN | Sep 15, 2018, 06.02 AM IST



CHENNAI: Holding a city-based hospital and its doctors liable for death of a 29-yearold man due to medical negligence, the State Consumer Disputes Redressal Commission directed the hospital to pay Rs57.65 lakh as compensation to his family.

“The hospital and the doctors concerned have failed to prove that the deceased, Abani Kumar Padhi, had not died due to any negligence on their part. This leads us to the conclusion that the complainant’s son Padhi died of medical negligence exhibited by hospital and its doctors,” said the commission comprising K Baskaran, judicial member, and S M Murugesshan, member.

The issue pertains to a complaint filed by Narasingh Paddhi and Kuri Padhi, parents of the deceased. According to them, their son underwent haemorrhoidectomy (piles operation) in 2003 in the hospital. On October 15, 2003, he came to the outpatient department of the hospital for routine check-up after which the hospital informed his parents that he was unconscious and was admitted in ICCU for recovery.

Till November 2, 2003, none of the family members or friends of Abhani was allowed to see him but they were informed that he was kept on artificial ventilator. When the medical bill reached Rs3 lakh, the maximum insurance cover available, the hospital informed the complainants that the patient had suffered brain death. Once all other pending bills were settled, he was later declared dead, the complainants said.

Claiming that their son died due to the negligence on part of the hospital, they approached the commission seeking Rs96 lakh compensation for the monetary loss and mental agony suffered.

Partly allowing the complaint, the commission said, “No reference from any medical literature could be produced by the hospital to the effect that general anaesthesia should be preferred to other modes such as local anaesthesia, spine anaesthesia for post-operative check-up after piles operation. Hence, we are of the view that administration of general anaesthesia for a simple piles post-operative check-up is totally unwarranted and in the present case that wrong choice had proved to be fatal.”

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