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Medical negligence: Rs 10L relief for ex-serviceman

Source: , Posted On:   23 March 2021

Medical negligence: Rs 10L relief for ex-serviceman | Delhi News - Times of India

New Delhi: An ex-serviceman, who was rendered permanently disabled post treatment, has been awarded a compensation of Rs 10 lakh from Delhi State Consumer Disputes Redressal Commission. It found the two treating hospitals negligent and said a medical practitioner should take due care and caution while giving treatment and avoid delay.
“Awarding of cost may serve the purpose of bringing about a qualitative change in the attitude of the hospitals for providing service to the human beings as human beings. Human touch is necessary – that is their code of conduct and duty,” said a bench of Dr Justice Sangita Dhingra Sehgal and Anil Srivastava.
Sajjan Singh, a former petty officer, had moved the consumer body alleging negligence on the part of two hospitals during his treatment for accident injuries, which he had suffered on January 16, 2011. He said he was rushed to Base Hospital, where his family members were reportedly told that being an ex-serviceman he couldn’t be treated there as there were no specialist doctors. It was also alleged that the preliminary aid was given to him on repeated requests.
Thereafter, he was referred to Mata Chanan Devi Hospital, without being provided an ambulance. Upon admission, the second hospital confirmed amputation of about one or one-and-a-half inches on both his legs for artificial limbs. “After the operation, the complainant’s relatives came to know that the doctor had actually amputated the complainant’s left leg with around 8 inches and right leg by 11 inches below the knee joint, which was totally contrary to what was informed earlier and the same could have been avoided by providing timely treatment to the complainant,” his counsel argued.
Singh, therefore, accused both the hospitals of negligence and not providing him a timely and proper treatment.
The hospitals contested the claims saying though Singh was discharged from the second hospital on January 20, 2011, he filed a complaint on April 25, 2013 without any explanation for the delay. It was argued that all documents indicated that the patient had been informed from time-to-time and the amputation had taken place only after taking his consent according to the advice and opinion of the expert team of the doctors.
The bench noted that instead of keeping Singh, the first hospital referred him to the other facility and without an ambulance “presumably on some flimsy administrative ground” that clearly established negligence. It also said that the second hospital took a lot of time to start the treatment, resulting in the disability of his body, making him totally incapable to keep his body and soul together. “This also resulted in his incapacity to sustain his family owing to his disability.”

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