Hospital Ordered to Pay Rs 5 Lakh for Deficiency

The complainants had to wage a nine-year-long legal battle against the private hospital before they received justice

Published: 13th December 2015 03:52 AM  |   Last Updated: 13th December 2015 03:52 AM   |  A+A-

BENGALURU: A consumer forum has directed a private hospital in Bengaluru Rural to pay the husband of a deceased woman `5 lakh as compensation for deficiency in service. The family had to wage a nine-year protracted legal battle before they received justice.

Partly allowing the petition filed by the widower Nagaraju, the First Additional District Consumer Disputes Redressal Forum comprising President Syed Anser Khaleem, Members H Janardhan and Bharati B Vibhute, directed Snehalaya Hospital in Solur Post, Magadi taluk and its doctor S R Gladyes Menezer to pay a compensation of `5 lakh to the family.

Nagaraju, a resident of Lakkenahalli, had filed the petition in the forum along with his daughter Tanuja seeking a compensation of `20 lakh for the death of his wife Nagarathnamma due to heavy bleeding after delivery.

The forum held the doctor as well as the hospital liable for deficiency in service. “We are directing the hospital and doctor to pay a total compensation of `5 lakh to the complainants. Out of `5 lakh, Tanuja is entitled to `3.5 lakh and her father to `1.5 lakh.”

The forum insisted that the compensation for Tanuja be deposited in any nationalised bank until she is of age. However, the girl’s father is at liberty to draw interest on it. The hospital was also asked to pay an additional `25,000 towards litigation cost. They should pay interest at the rate of 18 per cent per annum on `5 lakh from the date of the order till realisation, the forum added.

According to the petitioner, Nagarathnamma was getting regular treatment at Snehalaya Hospital from consultant Dr S R Gladyes Menezer during her pregnancy. No abnormality was noticed by the doctor and the mother was considered healthy.

However, shortly after delivering the baby girl Tanuja on September 27, 2006, Nagarathnamma died, leaving the newborn and her husband behind. Alleged negligence by the hospital and the doctor was stated to be the reason. The doctor had allegedly failed to take some precautionary measures and that violates the ethics of medical profession. As a result, she died a few hours after the birth of her child. The hospital however denied allegations of negligence, the complaint said.

Pointing out that the wife died due to bleeding after delivery, the forum stated, “It is the duty of the hospital to maintain and reserve a blood bank with all groups of blood and also ventilator facility in order to overcome emergency situation for blood transfusion...”

On the claim made by the hospital that the deceased woman’s sister prevented the authorities from shifting her to a better hospital, stating that it would be waste of their money, the forum said that patient and their attendees were simple rural folk who might not have been aware of the consequences of their act. The forum arrived to the conclusion that the hospital and doctor did not take proper care of the complainant’s wife.


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