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Medical Negligence: Rs 37 Lakh Awarded in Tubectomy Death
24 Sep
Summary
- Hospital and doctor ordered to pay Rs 37.25 lakh for medical negligence.
- Victim died from post-surgical complications following a tubectomy.
- Commission found the hospital liable for failing to ensure rule adherence.
The Visakhapatnam District Consumer Dispute Redressal Commission has mandated a hospital and a gynaecologist-obstetrician to pay Rs 37.25 lakh to the family of a woman who died due to post-surgical complications. The 43-year-old woman underwent a routine tubectomy on August 12, 2019.
Her family alleged that the large intestine was cut during the surgery due to the doctor's negligence. This led to faecal infection, sepsis shock, and multiple organ failure. Despite being transferred to another hospital and later a government hospital, she succumbed to her complications on September 4, 2019.
The commission determined that the hospital could not escape liability by merely providing facilities, stating the treating doctor's negligence cast a shadow of liability upon them. The order noted the doctor's failure to follow government guidelines during surgery, causing a rectal injury and subsequent complications.
While the defense argued the doctor exercised utmost care and that complications might have been due to other factors, the commission rejected the expert committee's report, finding it swayed by oral statements. The family was deemed legal representatives entitled to compensation, with Rs 12 lakh awarded to them and an additional Rs 25 lakh for loss of life, plus Rs 25,000 in litigation costs.
