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Thursday, March 15, 2012

DOCTOR TO PAY MAN RS 5.7 LAKH AS DAMAGES FOR HIS WIFE’S DEATH


DOCTOR TO PAY MAN RS 5.7 LAKH
 AS DAMAGES FOR HIS WIFE’S DEATH

A Punjab-based surgeon has been ordered by the country's apex consumer forum to pay Rs 5.70 lakh as compensation to a man for rendering deficient service to his wife during her gall balder operation, shortly after which she died due to cardiac arrest. The National Consumer Disputes Redressal Forum (NCDRC) asked Dr Anoop Kumar of Hoshiarpur to compensate local resident Suresh Nanda on his plea, challenging a state consumer commission order, which had dismissed his allegation of medical negligence by the doctor in treatment of his wife.

"Having considered the matter from different angles, there is no escape from the conclusion that the doctor has committed various acts of omission in the treatment of deceased Sushil Kumari, during pre, per and post-operation, which clearly amounts to deficiency in service on the part of themedical professional. "The doctor in the present case has exhibited a conduct which was unethical and not expected of a medical practitioner who has undertaken the task of performing a major surgery on a patient," the bench presided over by Justice R.C. Jain said.

"The appeal succeeds and the findings and order of State Commission are hereby set aside. The doctor is hereby directed to pay a compensation of Rs 5,20,000 to complainant besides cost of Rs 50,000 throughout," the NCDRC said. Nanda had said in his plea that his late wife, Sushil Kumari, had stones in her gall bladder and was being treated for it by Dr Anoop at his hospital, leading up to her surgery to remove the same on September 15, 1998.
He had alleged his wife died soon after the surgery due to gross negligence of Dr Anoop at the time of operation and at pre-operational stage, as no fitness check of the patient was done.   

                                                           Prof. John Kurakar

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