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High court slaps Batra hospital with Rs11 lakh for negligence

The Bench was hearing an appeal by the victim for enhancement of the compensation as well as a counter appeal filed by the hospital denying any negligence on its part.

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The Delhi High Court has directed the city's Batra hospital to pay Rs11 lakh as compensation to a man who jumped out of the hospital window due to its negligence and suffered permanent disability.

A division Bench of justice Vikramjit Sen and justice Sunil Gaur in a judgement enhanced the compensation awarded to one Ashish Majumdar by the single judge from Rs7 lakhs to Rs11 lakhs saying the quality of care expected from private specialised hospitals is not ordinary but of high degree.

The Bench was hearing an appeal by the victim for enhancement of the compensation as well as a counter appeal filed by the hospital denying any negligence on its part.

In Octber 1988, Majumdar, then 27, was admitted in the hospital following high fever suspected to be typhoid. When his condition did not improve, the doctors decided to change the treatment and also the medicines.

On October 31 night, after administering some medicines to Majumdar, who was attended by his sister, the doctors left him sleeping in his third floor room. In the middle of the night, his sister found that he was not in the room.

Later, it was found that the patient had jumped out of the window and suffered multiple fractures with complete dislocation of the spinal cord and now he needs wheel chair permanently.

A msingle judge bench, while deciding Majmudar's petition for compensation, had said  "duty of care in the case of hospitals is not limited to diagnosis and treatment but extends to providing safe and secure place to ensure that the patients do not injure themselves....".

"Strict vigil in hospital premises and round-the-clock safety checks are required to prevent a patient from taking steps or acting in a manner that could cause injury or harm," the court had added.

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