Septicemia leading to Amputation of fingers of burn patient: Doctor, Hospital directed Rs 3 lakh compensation

The case relates to the treatment of the child of about four years of age who was injured due to burns. The hospital provided treatment, however, the condition of the hand of the child did not improve and ultimately, the complainant had to shift the child to another hospital. It was found that the child was suffering from septicaemia and to prevent further spread of infection, her two fingers of the right hand were amputated.

The patient was represented by her father. In the year 1999, the minor child was admitted in the hospital for burn injuries and was treated there. On the third day of admission, blackening on the burnt portion of the patient was noticed by the complainant father and the same was reported to the doctor who allegedly told that it was a sign of healing. The condition of the minor child started worsening after 2 days and she was operated as well. After the operation, the father got discharged the patient after looking at her condition.

Thereafter, the child was admitted to another city-based hospital for 5 days. As there was no improvement, she was referred to SAT hospital and she was an inpatient several times for months at the hospital.

It was submitted by the father of the patient that at the time of examination of the child at the other two hospitals, it was found that she had developed septicaemia due to negligence on the part of treating doctor at the first hospital. Further, two fingers from the right hand had to be amputated and her right hand is twisted and is incapable of any effective movements.

Aggrieved by the act of hospital and the doctor, the father filed the complaint before the State Commission accusing them of negligence and the disability and disfigurement of the hand of the minor child.

When the matter reached the doors of the Kerala State Commission, the judge there directed doctor and the hospital, jointly and severally to pay a sum of Rs.3,00,000/- as compensation along with interest.

Challenging the said order, the hospital moved the NCDRC submitting that the State Commission should have dismissed the complaint on the sole ground of non-impleadment of necessary and proper parties in the complaint. It was alleged that deformity in the hand has come due to the plastic surgery given by the other hospital which has not been made a party in the present complaint. "The sole responsibility of deformity and disability has been put on the appellant hospital, whereas the other hospitals are more responsible than the appellant hospital. Thus, until the other hospitals which have treated the child are also made a party in the present case, it is difficult to decide the deficiency in service on the part of the hospital," the plea read. The petition further mentioned that it was the case of severe burn and whatever best treatment was possible has been given to the child and deformity has developed due to plastic surgery done at the other hospital. "Obviously, the burnt hand cannot be put in the same condition as it was before the burn. In fact no deficiency in service has been proved by the complainant and the State Commission has passed an order on the basis of presumptions and assumptions. In fact, the hospital has saved the life of a girl child and still the hospital has to pay compensation to save the child," the plea added.

In response to their plea, the counsel appearing on behalf of the patient contended that though the State Commission has agreed to the assertions of the complainant, however, the compensation awarded by the State Commission is not commensurate with the misery and sufferings of the complainant. "The baby child is a girl child and a girl with a twisted hand and two fingers amputated will face a lot of difficulties in her future life. The complainant had not been compensated looking at the seriousness and lapse of medical negligence on the part of the hospital and the Doctor. The doctor who treated the child was not holding any special degree to treat burn case. When septicaemia was spreading and there were dark spots on the hand of the child, the treating doctor said that those were the signs of improvement whereas those were the signs of spreading septicaemia. Ultimately, two fingers of the right hand were amputated in order to save further spread and to save the life of the girl child." the counsel stated.

With this contention, the counsel urged the national commission to enhance the compensation amount from Rs.3.00 lakh awarded by the State Commission to Rs.12.00 lakh.

After carefully considering the arguments advanced by the learned counsel for the Patient and also examining the appeal filed by the Hospital, the bench presided by Honourable Prem Narain as presiding member and Viswanath as member dismissed the plea of the hospital.

Facts of the case are that the girl child has lost her two fingers and her hand has become twisted. She is also suffering from 40% disability. Moreover, the treating doctor at the OP Hospital did not correctly assess the deteriorating condition of the girl child and failed to give the right treatment. In these conditions, we are of the opinion that the State Commission has rightly assessed the negligence on the part of the hospital. We do not find any merit in the appeal filed by the hospital.

Coming to the appeal filed by the complainant for enhancement of compensation, the bench saw no special reason as presented by the patient to enhance the compensation awarded by the State Commission. Hence dismissed the complainant's plea.