CHENNAI: The Tamil Nadu State Consumer Disputes Redressal Commission has held a private doctor liable for medical negligence and ordered him to pay Rs 10 lakh compensation to a woman for partly cutting the bile duct while performing surgery to remove her gallbladder.
The order was passed recently by the president of the Commission, Justice R Subbiah, while partly allowing the petition filed by Shanthi Prabhuram of Anna Nagar, Chennai.
“It is only due to the conscious negligence and failure on the part of the first opposite party (Dr S Venkatraman) to act diligently on the histopathology report, the complainant suffered very many complications unnecessarily and whatever diligence shown by him at the later stage would not efface the effects of negligence that had already caused great level of damage to the complainant physically, mentally and financially,” the Commission said in the order.
It further stated, “as such, he shall be held liable proportionately and, in our considered opinion, directing him to pay a compensation of Rs 10 lakh would meet the ends of justice.”
Apart from ordering Rs 10 lakh compensation, the Commission also directed payment of Rs 25,000 for litigation expenses within eight weeks; failure to do so, shall carry an interest of nine per cent from the date of filing the complaint till the date of realisation.
Advocate N Suresh appeared for the complainant. According to the complaint, the woman with severe abdominal pain was taken to Dr Venkatraman, of Nanganallur, for treatment and was diagnosed with Cholecystitis with Cholelithiasis. As per his advice, she was admitted to the CM Hospital in Nanganallur on April 24, 2004, where a three-hour surgery was performed for removing gallbladder.
A few days later, she found her nails and eyes becoming yellowish and so approached the doctor who subjected her to the procedure to drain out fluids collected in the sub-hepatic space. Even after that she developed complications leading to jaundice and was advised to be admitted to another hospital – Agash Nursing Home – on May 12, 2004.
The tests revealed that Dr Venkatraman had partly removed the bile duct itself, and in order to cover up the mistake, he attached a long cylindrical tube with a urinal bag below the liver region outside the body inflicting a great level of pain to her, besides suffering ignominy. Later, she was taken to the CMC Hospital Vellore where, on October 13, 2004, she underwent a risky surgery.
She preferred the complaint with the Commission against Dr Venkatraman and the CM Hospital seeking Rs 15.51 lakh in damages and Rs 5 lakh towards deficiency in service and mental agony. However, the Commission rejected the allegations against the hospital for absence of substantial materials.