Medical negligence: Forum awards compensation

By Our Staff Reporter

THIRUVANANTHAPURAM, JUNE 13. The State Consumer Disputes Redressal Commission here has ordered the Cosmopolitan hospital in the city and two doctors - Dr. T. C. Joseph, former Professor of Orthopaedics, and Dr. M. Sambasivan, Neurologist - to jointly pay Rs. 2 lakhs as compensation for deficiency of service.

The complainant, Ms. Sobhana Natarajan, a resident of Kumarapuram in the city, was under the treatment of Dr. T. C. Joseph for disc prolapse in the lumbar region. She underwent spinal surgery at Cosmopolitan hospital on February 25, 1995.

She was discharged on March 4, but had to be rushed back to the hospital on the same day following heavy discharge from the surgical wound. She was re-admitted and treatment continued for eight months. However, her condition did not improve and she continued to have acute pain which prevented her from normal household duties.

She was taken to Sree Ramachandran Medical College at Chennai, where Dr. S. Rengaswami, on examination found that the surgery had been performed at the wrong place on the spinal cord. He reported that the disc prolapse between the L4 and L5 vertebrae, which was the original cause of the problem, had not been removed and instead, surgery was performed between the L5 and S1 vertebrae. He also reported that damage had been caused to certain joints and nerve endings in the spinal cord.

The patient underwent corrective surgery at Chennai on December 14, 1995 and steel plates had to be fixed on the spine to correct the damages.

In her complaint alleging medical negligence on the part of Dr. Joseph and Dr. Sambasivan, the complainant pointed out that nearly Rs. 90,000 had to be spent on her medical treatment.

The State Consumer Commission, headed by Mr. Justice L. Manoharan, after examining the evidence and the deposition by Dr. Rengaswami from Chennai, who appeared as witness for the complainant, ruled that there had been dereliction of duty on the doctors' part.

Apart from the Rs. 2 lakhs compensation, Rs. 5,000 was also ordered as costs to the complainant.

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Section  : Southern States
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