Medical Dialogues
  • Dermatology
Login Register
This site is intended for healthcare professionals only
Login Register
  • MD Brand Connect
  • Vaccine Hub
  • MDTV
    • Breaking News
    • Medical News Today
    • Health News Today
    • Latest
    • Journal Club
    • Medico Legal Update
    • Latest Webinars
    • MD Shorts
    • Health Dialogues
  • Fact Check
  • Health Dialogues
Medical Dialogues
  • Medical News & Guidelines
      • Anesthesiology
      • Cardiology and CTVS
      • Critical Care
      • Dentistry
      • Dermatology
      • Diabetes and Endocrinology
      • ENT
      • Gastroenterology
      • Medicine
      • Nephrology
      • Neurology
      • Obstretics-Gynaecology
      • Oncology
      • Ophthalmology
      • Orthopaedics
      • Pediatrics-Neonatology
      • Psychiatry
      • Pulmonology
      • Radiology
      • Surgery
      • Urology
      • Laboratory Medicine
      • Diet
      • Nursing
      • Paramedical
      • Physiotherapy
  • Health news
      • Doctor News
      • Government Policies
      • Hospital & Diagnostics
      • International Health News
      • Medical Organization News
      • Medico Legal News
      • NBE News
      • NMC News
  • Fact Check
      • Bone Health Fact Check
      • Brain Health Fact Check
      • Cancer Related Fact Check
      • Child Care Fact Check
      • Dental and oral health fact check
      • Diabetes and metabolic health fact check
      • Diet and Nutrition Fact Check
      • Eye and ENT Care Fact Check
      • Fitness fact check
      • Gut health fact check
      • Heart health fact check
      • Kidney health fact check
      • Medical education fact check
      • Men's health fact check
      • Respiratory fact check
      • Skin and hair care fact check
      • Vaccine and Immunization fact check
      • Women's health fact check
  • AYUSH
    • Ayurveda
    • Homeopathy
    • Siddha
    • Unani
    • Yoga
  • State News
      • Andaman and Nicobar Islands
      • Andhra Pradesh
      • Arunachal Pradesh
      • Assam
      • Bihar
      • Chandigarh
      • Chattisgarh
      • Dadra and Nagar Haveli
      • Daman and Diu
      • Delhi
      • Goa
      • Gujarat
      • Haryana
      • Himachal Pradesh
      • Jammu & Kashmir
      • Jharkhand
      • Karnataka
      • Kerala
      • Ladakh
      • Lakshadweep
      • Madhya Pradesh
      • Maharashtra
      • Manipur
      • Meghalaya
      • Mizoram
      • Nagaland
      • Odisha
      • Puducherry
      • Punjab
      • Rajasthan
      • Sikkim
      • Tamil Nadu
      • Telangana
      • Tripura
      • Uttar Pradesh
      • Uttrakhand
      • West Bengal
  • Medical Education
      • Ayush Education News
      • Dentistry Education News
      • Medical Admission News
      • Medical Colleges News
      • Medical Courses News
      • Medical Universities News
      • Nursing education News
      • Paramedical Education News
      • Study Abroad
  • Industry
      • Health Investment News
      • Health Startup News
      • Medical Devices News
      • Pharma News
      • Pharmacy Education News
      • Industry Perspective
  • MDTV
      • Health Dialogues MDTV
      • Health News today MDTV
      • Latest Videos MDTV
      • Latest Webinars MDTV
      • MD shorts MDTV
      • Medical News Today MDTV
      • Medico Legal Update MDTV
      • Top Videos MDTV
      • Health Perspectives MDTV
      • Journal Club MDTV
      • Medical Dialogues Show
This site is intended for healthcare professionals only
LoginRegister
Medical Dialogues
LoginRegister
  • Home
  • Medical news & Guidelines
    • Anesthesiology
    • Cardiology and CTVS
    • Critical Care
    • Dentistry
    • Dermatology
    • Diabetes and Endocrinology
    • ENT
    • Gastroenterology
    • Medicine
    • Nephrology
    • Neurology
    • Obstretics-Gynaecology
    • Oncology
    • Ophthalmology
    • Orthopaedics
    • Pediatrics-Neonatology
    • Psychiatry
    • Pulmonology
    • Radiology
    • Surgery
    • Urology
    • Laboratory Medicine
    • Diet
    • Nursing
    • Paramedical
    • Physiotherapy
  • Health news
    • Doctor News
    • Government Policies
    • Hospital & Diagnostics
    • International Health News
    • Medical Organization News
    • Medico Legal News
    • NBE News
    • NMC News
  • Fact Check
    • Bone Health Fact Check
    • Brain Health Fact Check
    • Cancer Related Fact Check
    • Child Care Fact Check
    • Dental and oral health fact check
    • Diabetes and metabolic health fact check
    • Diet and Nutrition Fact Check
    • Eye and ENT Care Fact Check
    • Fitness fact check
    • Gut health fact check
    • Heart health fact check
    • Kidney health fact check
    • Medical education fact check
    • Men's health fact check
    • Respiratory fact check
    • Skin and hair care fact check
    • Vaccine and Immunization fact check
    • Women's health fact check
  • AYUSH
    • Ayurveda
      • Ayurveda Giuidelines
      • Ayurveda News
    • Homeopathy
      • Homeopathy Guidelines
      • Homeopathy News
    • Siddha
      • Siddha Guidelines
      • Siddha News
    • Unani
      • Unani Guidelines
      • Unani News
    • Yoga
      • Yoga Guidelines
      • Yoga News
  • State News
    • Andaman and Nicobar Islands
    • Andhra Pradesh
    • Arunachal Pradesh
    • Assam
    • Bihar
    • Chandigarh
    • Chattisgarh
    • Dadra and Nagar Haveli
    • Daman and Diu
    • Delhi
    • Goa
    • Gujarat
    • Haryana
    • Himachal Pradesh
    • Jammu & Kashmir
    • Jharkhand
    • Karnataka
    • Kerala
    • Ladakh
    • Lakshadweep
    • Madhya Pradesh
    • Maharashtra
    • Manipur
    • Meghalaya
    • Mizoram
    • Nagaland
    • Odisha
    • Puducherry
    • Punjab
    • Rajasthan
    • Sikkim
    • Tamil Nadu
    • Telangana
    • Tripura
    • Uttar Pradesh
    • Uttrakhand
    • West Bengal
  • Medical Education
    • Ayush Education News
    • Dentistry Education News
    • Medical Admission News
    • Medical Colleges News
    • Medical Courses News
    • Medical Universities News
    • Nursing education News
    • Paramedical Education News
    • Study Abroad
  • Industry
    • Health Investment News
    • Health Startup News
    • Medical Devices News
    • Pharma News
      • CDSCO (Central Drugs Standard Control Organisation) News
    • Pharmacy Education News
    • Industry Perspective
  • Home
  • News
  • Health news
  • Medico Legal News
  • Court holds no Medical...

Court holds no Medical Negligence, Kerala Hospital still pays Rs 7 lakh compensation

Farhat NasimWritten by Farhat Nasim Published On 2023-06-17T17:48:39+05:30  |  Updated On 17 Jun 2023 5:48 PM IST
Hyderabad Hospital and Doctors told to pay Rs 10 L Compensation for Medical Negligence during Hystrectomy

Compensation

  • facebook
  • twitter
  • linkedin
  • whatsapp
  • Telegram
  • Email

New Delhi: Noting that every death of a patient cannot, on the face of it, be considered as death due to medical negligence, unless there is material on record to suggest to that effect, the National Consumer Disputes Redressal Commission (NCDRC) has exonerated Kerala-based Deen Hospital from charges of medical negligence in treating a patient who underwent laparoscopic sterilization and died after the surgery.

NCDRC Presiding Officer Dr SM Kanitkar overturned the state commission order but the hospital, despite being absolved, expressed its willingness to pay the amount of Rs 7 lakh already deposited with the State Commission.

The NCDRC accepted the same but said that the same should not be treated as a precedent.

The case concerned a 37-year-old patient who underwent laparoscopic sterilization in the facility but died after the surgery. According to the complainant, the cause of death showed that general anesthesia and spinal anesthesia were administered to the patient simultaneously.

The counsel for the complainant submitted that the surgery was expected to be completed within half an hour, but it took longer than scheduled due to respiratory problems. The patient was later transferred to Poyanil Hospital and then to Ananthapuri Hospital, Thiruvananthapuram. Unfortunately, she was pronounced dead the following day.

The counsel alleged that the cause of death showed that General Anaesthesia and Spinal Anaesthesia were administered on the patient simultaneously. The injection marked on the back of trunk shown in the post mortem was characteristic feature of anesthesia. It was due to negligence of the doctors who did laparoscopic sterilization in causal manner. The operation was done casually. The patient was in sound health. He added that, "The brain hypoxia and ARDS because of injuries to the spinal canal where by dura was punctured. The doctor administered anesthesia. However, he was not qualified to administer anesthesia as he was not anesthetist. The hospital had no accreditation from the Health Department to conduct laparoscopic sterilization on females. Therefore, the hospital was not competent to conduct laparoscopic surgery. The surgery was not warranted when the patient was ailing from respiratory distress."

Meanwhile, the hospital and the doctors filed their joint written versions and denied the allegations. They argued that the patient was managed with care and shifted to a higher centre without delay and everything necessary was done with best of interest of the patient on mind.

However, the hospital and the doctors were held guilty of medical negligence by the State Dispute Redressal Commission and were directed to pay a compensation of Rs 7 lakh to the deceased patient's family.

Being aggrieved by the compensation, the complainant moved the apex consumer body.

After hearing the parties, the apex consumer found that the doctor was competent to administer anesthesia for minor procedures. It said;

"Adverting to the qualification of the anesthetist, it is transpired from the evidence that she completed one year exclusive senior house residency in anesthesia in the Govt. hospital. She had experience in the field of anesthesia over 25 years. The Travancore Kochi Medical Council allows doctor with MBBS to administer anesthesia. In my view, she was competent to administer anesthesia for minor procedures."

It referred to the case of Jacob Mathew v State of Punjab wherein the Supreme Court had laid down the test for establishing medical negligence. It said that in every case where the treatment is not successful or the patient dies during surgery, it cannot be automatically assumed that the medical professional was negligent.

With this, the appeal against the State Commission's order was allowed. While setting aside the State Commission's order, NCDRC noted;

"It is pertinent to note that in the instant case after the surgery the doctors in the operation theatre have effectively managed the complications and done resuscitation. The patient was referred at appropriate time to Poyanil Hospital for ventilator support. In my view, negligence cannot be attributed to OPs 1 to 3 (the hospital and the two doctors). The post mortem findings of spinal anesthesia are erroneous. Therefore, whole approach of State Commission, holding the OPs guilty of medical negligence is not sustainable in law. The First Appeal No.662/2013 filed by the OPs is allowed and the First Appeal No.358/2013 filed by the Complainant is dismissed. Consequently, the Complaint filed before the State Commission stand dismissed."

The order further read;

"The learned Counsel for OPs on instructions from OP-1 (the hospital) made submissions that, on humanitarian grounds, the OP-1 on his own volition wishes to pay the amount of Rs. 7 lakhs which has already been deposited in the State Commission. Therefore, the Registrar of the State Commission is directed to release Rs.7 lakhs along with the accrued interest to the Complainants within six weeks from today. It is made clear that, in any manner this shall not be construed as a precedent."

To view the original order, click on the link below:

https://medicaldialogues.in/pdf_upload/philipsthomasvdeenhospital-211853.pdf
National Consumer Disputes Redressal CommissionNCDRCmedical negligenceSurgery deathdeen hospitalcompensationkerala hospital
Farhat Nasim
Farhat Nasim

    Farhat Nasim joined Medical Dialogue an Editor for the Business Section in 2017. She Covers all the updates in the Pharmaceutical field, Policy, Insurance, Business Healthcare, Medical News, Health News, Pharma News, Healthcare and Investment. She is a graduate of St.Xavier’s College Ranchi. She can be contacted at editorial@medicaldialogues.in Contact no. 011-43720751

    Show Full Article
    Next Story

    Editorial

    Aspirin Use in Male Smokers Aged 40-45 Years with Hypertension: Identifying the Ideal Candidates

    Aspirin Use in Male Smokers Aged 40-45 Years with Hypertension: Identifying the Ideal Candidates

    National Consensus 2025 on Role of Bisoprolol Across CV Continuum in Women: Top 10 Takeaways

    National Consensus 2025 on Role of Bisoprolol Across CV Continuum in Women: Top 10 Takeaways

    Relevance of Pioglitazone in Indian T2DM Care Continuum

    Relevance of Pioglitazone in Indian T2DM Care Continuum

    Azmarda Outperforms Generic Sacubitril/Valsartan in HFrEF Management, says new study

    Azmarda Outperforms Generic Sacubitril/Valsartan in HFrEF Management, says new study

    First Indian Consensus on Managing Refractory Gastroesophageal Reflux Disease Recommends Vonoprazan

    First Indian Consensus on Managing Refractory Gastroesophageal Reflux Disease Recommends Vonoprazan

    View All

    Journal Club Today

    Global Omega-3 Shortage Poses Serious Health and Environmental Risks: Study

    Global Omega-3 Shortage Poses Serious Health and Environmental Risks: Study

    View All

    Health News Today

    Health Bulletin 30/May/2025

    Health Bulletin 30/May/2025

    View All
    © 2022 All Rights Reserved.
    Powered By: Hocalwire
    X
    We use cookies for analytics, advertising and to improve our site. You agree to our use of cookies by continuing to use our site. To know more, see our Cookie Policy and Cookie Settings.Ok