Negligence in Colonoscopy: Health Panel slaps Rs 3 lakh compensation on diagnostic centre

Written by Sanchari Chattopadhyay Published On 2024-05-03T09:30:41+05:30 | Updated On 4 May 2024 3:38 PM IST

Negligence in Colonoscopy: Health Panel slaps Rs 3 lakh compensation on diagnostic centre

Kolkata: The West Bengal Clinical Establishment Regulatory Commission (WBCERC) has slapped a compensation of Rs 3 lakh on a Kolkata-based diagnostic centre located in the southern part of the city for negligence in performing a colonoscopy procedure on a patient. The commission has ordered the clinic's management to pay the sum as compensation to the patient in eight separate installments.

The complainant accompanied her husband to the diagnostic centre for a colonoscopy test a few weeks ago. Her husband is employed by a private company in Odisha. During the procedure, the patient suffered a perforation, a serious complication associated with a high risk of mortality. His situation needed immediate medical attention.

According to the complaint, the diagnostic centre did not take prompt action to provide emergency medical care to the patient. As a result, the patient was first taken to a private hospital and the doctors suggested an immediate OT. Then, he was to ESIC Medical College Hospital at Joka in an ambulance and he underwent surgery there. He has since been discharged but remains confined to his home and unable to work. The patient comes from a modest middle-class background, with one child and dependent elderly parents relying on him for support.

Following the incident, the patient filed a complaint with the regulatory commission requesting intervention.

Hearing the plea, the regulatory commission directed the facility to compensate the patient with Rs 3 lakh.

Justice Asim Banerjee, chairman of the WBCERC stated, "After considering the arguments from both the complainant and the diagnostic centre, we determined that there were instances of negligence on the part of the facility. Although perforation can occur during this type of procedure, the diagnostic centre failed to take necessary steps, such as arranging for the patient to be promptly transferred to a government hospital for emergency medical care. We have determined the compensation after considering the financial situation of te patient who has been bedridden and unable to work."

Also Read: WBCERC has no authority to adjudicate Medical Negligence Cases: Calcutta High Court

Sanchari Chattopadhyay

Sanchari Chattopadhyay has pursued her M.A in English and Culture Studies from the University of Burdwan, West Bengal. She likes observing cultural specificities and exploring new places.