Drilling machine not working during skull operation: PGI Chandigarh, doctor directed to pay Rs 15 lakh compensation
Delhi: Upholding the decision of the state commission, the National Consumer Dispute Redressal Commission (NCDRC) has directed PGI Chandigarh and a doctor to jointly pay an increased compensation of Rs 15 lakh for medical negligence during a skull operation, wherein, a part of the skull had to be cut and removed for clipping of aneurysm.
This came after a complainant alleged that her mother was admitted to the hospital but due to the negligence and inefficiency of the doctor and the hospital, the patient had to go through surgery again as the drilling machine was unavailable during the first surgery.
After considering the submission of both the parties, the court observed, " the accused were so negligent that they did not see before starting the operation whether they had drill machine which would be used when the need arose. They thought of it only after the operation was started and the drill machine which was borrowed did not function. It necessitated the closure of the skull without completing the operation."
The court further added that " conducting two operations on the skull when only one would have been sufficient would naturally cause the blood loss and aggravate the process of death. Not only blood loss but there was a delay of about 10 days in conducting the 2 operations which could have also aggravated the disease. "
The State Commission had awarded compensation of Rs 2 lakh and following the doctor and hospital approached NCDRC,
The Award made by the State Commission is modified as follows: The Hospital and the Doctor shall, jointly and severally, pay Rs. 15 lakh with interest at the rate of 8% per annum from the date of death of the patient (08.10.1999) till its realisation and cost of litigation of Rs. 2.50 lakh to the Complainants within 6 weeks of the date of pronouncement of this Order.
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