Indian News

Kidney damaged, charitable hospital to pay patient Rs 50L

Source: , Posted On:   13 January 2021

Chandigarh: The Punjab State Consumer Disputes Redressal Commission has directed a charitable hospital in Nawanshahr district and its doctor to pay nearly Rs 50 lakh compensation to a complainant in a medical negligence case.
Granting relief to Ambala city resident Ritesh Kumar (21), whose kidney was damaged, the commission quorum headed by Justice Paramjeet Singh Dhaliwal ordered compliance of the order within 45 days of the receipt of its certified copy. The commission has ordered payment of Rs 40 lakh as compensation along with interest at the rate of 7% per annum from the date of the filing of the complaint till realisation, on account of damage to the complainant’s kidney due to medical negligence and deficiency in service on the part of Dr D P Soni and Shree Guru Gobind Singh Ji Charitable Hospital in Banga.
The commission also ordered Rs 44,000 as litigation costs and other expenses while clarifying that the liability of the insurance company – United India Insurance Company Limited - will be only to the extent of the sum insured under policy which has been issued by it in favour of Dr Soni.
The doctor was insured with the insurance company under the “professional indemnity doctors policy” under which the indemnity limit was of Rs 20 lakh for Any One Year (AOY) and Rs 20 lakh of Any One Accident (AOA).
The complainant’s counsel Arjun Shukla had argued before the commission that Dr Soni as well as his hospital was grossly negligent while conducting surgery and spoiling the life of a 21-year-old boy. The commission observed, “Due to sheer negligence and deficiency in service on their part, the kidney of the complainant was damaged, when there was no problem in his kidney other than gallbladder problems for which surgery was conducted on June 28, 2018.”
“He is deprived of wholesome physical activity on account of having only one healthy kidney. He is required to get himself checked up by doctors... at particular intervals, in order to avoid complications due to burden on other sound kidney by incurring extra expenses for this purpose,” said the commission.
The commission also mentioned in its order that the complaint could not be decided within the stipulated time frame due to “heavy pendency of court cases.”

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