Wednesday, July 18, 2012

Negligence death: Docs, hospital to pay 29 lakh

Kolkata: Two doctors and a leading cardiac hospital of Kolkata have been directed by the State Consumer Disputes Redressal Commission to pay a compensation to the tune of Rs 18 lakh for negligence leading to the death of a 23-year-old patient in 2005.

Parents of Gaurav Khanna had complained to the consumer forum of medical negligence, deficiency in service and unfair trade practice, following which the state forum, chaired by Justice Kalidas Mukherjee, passed the verdict. The hospital said it may contest the verdict and move the Supreme Court.

The consumer court has also directed the hospital and the two doctors - Srirup Chatterjee and Anil Mishra - to pay an additional litigation fee of Rs 5 lakh to Gaurav's parents Vijay and Madhubala Khanna. The hospital has also been asked to refund Rs 6,15,000 to the Khannas, as it was found to have been wrongly charged.

On January 17, 2005, Gaurav was admitted to the hospital with chest pain. He was put in the cardiac care unit (CCU). Anil Mishra and Srirup Chatterjee of the hospital diagnosed that Gaurav had an aortic valve leakage and advised a replacement. A surgery was done on January 22, but it failed to improve his condition. Gaurav suffered a renal failure and was put on a ventilator. He was put through multiple surgeries, without their consent, the parents have alleged. But the operations couldn't revive the youngster. Gaurav died on February 5.

His parents complained to the consumer court that he was shifted to a room from the CCU and was charged Rs 1400 daily. "The hospital authority had offered a package of Rs 1.35 lakh for the operation. But since Gaurav wanted a TV in the room, the package went up to Rs 1.75. It's strange that Rs 40,000 was charged for a TV," said Vinod Kumar Khanna, the victim's uncle, who fought the case.

The above pertains to a friend of mine. Why should these moneyed class of people be allowed to appeal to in the Supreme Court. If they do appeal, they should be made to pay the legal and other fees for the aggrieved person's lawyer. As the law presently stands, the poor can never receive justice for these people will continue to file appeals and revision petitions until the poor person run's out of money. THIS SHOULD STOP. Let them bear the costs of both sides, if they are to files appeals.

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