The Cuddalore District Consumer Disputes Redressal Commission on Wednesday directed a private medical college and hospital in Puducherry to pay a sum of ₹12 lakh as compensation to a petitioner for alleged medical negligence.
Directing the Mahatma Gandhi Medical College and Research Institute (MGMCRI) to pay the sum, the Commission held that a doctor has the ‘duty of care’ while treating his patients, and if any injury happens to the patient while treatment, it is the duty of the doctor to explain how the injury happened.
In her petition, the complainant Santhi, 36, of Cuddalore said the broken part of a needle was left inside her body after an episiotomy was done on her at the time of her delivery on December 11, 2016.
The hospital doctors tried to remove the needle but in vain. They later informed the petitioner that they will operate and remove the needle after three months.
The hospital authorities while discharging the complainant also executed an agreement with her family that they will provide free treatment and medical expenses at the hospital for removing the needle and if any pain or discomfort arises to the complainant, she could approach them for free treatment and management.
Subsequently, the petitioner filed a complaint before the DCDRC in Cuddalore. The hospital in its submission held that it was only an accident and not an act of negligence.
The Commission headed by president and Judge D. Gopinath observed that the hospital was liable for unfair trade practices and medical negligence leading to deficiency in services.
The hospital has not explained how the injury occurred and has not produced any medical records. The Commission also held that entering into an agreement for free treatment after causing injury to the patient, will in no way alter or change the liability on the hospital and their team of doctors.
The Commission directed the hospital to pay ₹12 lakh in compensation for medical negligence, unfair trade practices, and for causing pain, suffering, and mental agony to the complainant.
Besides, a sum of ₹25,000 was also awarded by the forum to the complainant as legal expenses.
