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Mumbai: Lilavati Hospital, doctor asked to pay Rs 16.45 lakh for medical negligence

The state consumer disputes redressal commission (SCDRC) in an order has directed that Rs 16.45 lakh compensation be paid to a complainant for medical negligence.

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Mumbai: Lilavati Hospital, doctor asked to pay Rs 16.45 lakh for medical negligence
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The state consumer disputes redressal commission (SCDRC) in an order has directed that Rs 16.45 lakh compensation be paid to a complainant for medical negligence.

The order pronounced on May 2 was uploaded this week after a complaint filed by Goregaon resident Shyamalee Gupta. Gupta had made the managing director of Lilavati Hospital and Research Centre and Dr. Ranjana Dhanu as parties alleging medical negligence.

Gupta was suffering from menopausal bleeding and was advised to undergo minor investigative procedure - a hysteroscopy and dilation and curettage (D&C). On the same day she was readmitted due to continuous complaint of breathlessness. Her family members were informed that her right uterer was damage and emergency procedure called PCN was performed. She was told that to ensure right kidney is not damaged, another operation would have to be conducted. She was later admitted to Hinduja Hospital and her right kidney removed.

Gupta sought damages of Rs 90 lakh (including medical expenses) stating that due to deficiency in service her right uterer was damaged and then right kidney was also removed. During the case, it was stated that during hysterocscopy, uterer was also removed.

While giving the order PB Joshi, presiding judicial member and AK Zade, member of SCDRC found medical negligence. Their order stated: "The question is about the reasonable degree of skill was to be exercised while doing the said process and it appears that no reasonable degree of skill was exercised while doing D&C. Reason is that, while doing D&C the right ureter was removed by opponent no.2 and hence, it cannot be said that it was an accident or misadventure."

The commission went on to direct that Gupta be given Rs 16.45 lakh as compensation which included Rs.3.63 lakh for medical expenses, Rs.1.90 lakhs for operation in Hinduja Hospital and Rs.91,800 for hiring of nurse and Rs 10 lakhs as compensation.

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