Rs 35-lakh relief for man in medical negligence case

Tribune News Service

Mohali, January 13

The State Consumer Disputes Redressal Commission, Punjab, has awarded a compensation of Rs35 lakh to a Baltana resident, Ajay Kumar, who lost his left leg “due to sheer medical negligence and deficiency in service” on the part of JP Hospital near Big Bazaar, Zirakpur.

The complainant, through his counsel Updip Singh, stated that he met with an accident near Dera Bassi on August 30, 2016, and suffered multiple injuries, including a fracture on his knee. He was admitted to the Civil Hospital, Dera Bassi, and after giving first aid, doctors discharged him the same day.

Thereafter, due to serious pain in his knee, he was admitted to JP Hospital, Zirkapur, and doctors conducted an operation on September 2. During his stay at the hospital from August 30 to September 10, he could not recover from the injuries due to the negligence of doctors as they failed to operate and implant the plate properly. He got seriously infected and was discharged despite the fact that he could not recover.

Due to non-recovery in the post-operative period, he got admitted again to the hospital on September 21. During the period of his second admission, his limb got damaged but he was discharged from the hospital on October 6 despite the fact that his operations were not successful and his condition was pitiable.

In the meantime, the complainant and his relatives visited various hospitals, including the PGI, where doctors advised amputation of his left leg in order to save his life. However, his relatives took him to Sanjay Orthopaedic and Spine Centre, Dehradun, for treatment, where he remained admitted from October October 6, 2016, to November 3 for treatment and was discharged. He was again admitted to Sanjay Orthopaedic and Spine Centre, Dehradun, on November 18 and an operation was done on November 19 for saving the affected part of his leg and he was discharged from the hospital on November 20. The complainant spent a huge amount on his treatment, but his leg could not be cured and he has been rendered physically challenged due to medical negligence.

During the case, the hospital denied that the complainant suffered any physical loss while being admitted to the hospital. It maintained that the same course of treatment was followed by Sanjay Orthopaedic and Spine Centre. Thus, there was no negligence on the part of the Zirakpur-based hospital.

In its December 22, 2020, directions, the commission awarded a lump sum compensation of Rs35 lakh to the complainant, along with 8 per cent interest per annum from the date of filing of the complaint till realisation.

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