In a recent case of medical negligence, the Supreme Court has granted a compensation of Rs. 10 lakhs to a patient who suffered from hoarseness in voice after doctors administered anesthesia. The patient, now deceased, initially claimed Rs. 18 lakhs against Manipal Hospital for a faulty operation that resulted in the voice impairment.
The surgery, deemed faulty, was performed by a team of doctors at Manipal Hospital. The patient had asserted a compensation claim of Rs. 18 lakhs.
A bench consisting of Justices Hima Kohli and Ahsanuddin Amanullah directed the hospital to pay Rs. 10 lakhs with interest, overturning the District Forum's decision to award Rs. 5 lakhs.
The patient alleged that the hospital's administration breached its duty by assigning a critical task to a trainee anaesthetist. This decision, according to the patient, resulted in the paralysis of the left vocal cord due to the improper insertion of the Double Lumen Tube during anesthesia administration for the surgery, leading to post-operative hoarseness.
The patient further claimed that the ailment deprived him of job promotions, and he continued in the same position without advancement until his demise in 2015.
Contrary to the hospital's argument that the District Forum dismissed the doctors' evidence, the court emphasized that merely relying on medical literature is insufficient to absolve the hospital of its duty. The court noted that the Head of the Department, Anaesthesia, should have inserted the double lumen tube but delegated the task to a trainee anaesthetist.
Consequently, the court increased the compensation from Rs. 5 lakhs to Rs. 10 lakhs with simple interest at 10% per annum from the claim petition filing date until the payment. The adjustment of amounts already released in favor of the patient was also considered.
In a related development, the Delhi State Consumer Disputes Redressal Commission (DSCDRC) recently ordered Sir Ganga Ram Hospital and five doctors to pay Rs. 7.20 lakhs to the husband of a deceased patient.