Medical negligence: Delhi Commission awards Rs 5L compensation

The Delhi Consumer Commission has upheld a lower forum order, directing a city-based hospital and its doctor to pay Rs five lakh compensation to the family of a victim of medical negligence.
   
"Negligence becomes actionable on account of injury resulting from the act or omission amounting to negligence attributable to the person sued. In the present case, all the three ingredients-- duty, breach and resulting damage, of negligence are satisfied," the Commission Bench headed by president justice Barkat Ali Zaidi said.

Appellants Vimhans hospital and Dr AK Banerji approached the Commission, challenging the order of the Delhi District Forum which awarded Rs five lakh as compensation to the heirs of the patient, who died after being operated there in 2004.

The Commission noted that the neck movement and blood pressure of the patient was found to be normal before the operation but developed complications soon after the surgery.

The appellants contended that the family members were told about the risk associated with the operation and there were no negligence on their part as she died due to cardiac arrest.
   
The Commission said that from the medical tests of the deceased before the operation, it was clear that the patient was not suffering from any heart-related disease.

Deceased Meera, suffering from neck pain, was hospitalised in 2004 on doctor's advice. Her condition deteriorated post-surgery and she died later.