Agartala: A renowned multispecialty hospital based out of Chennai was slapped with a fine of Rs 10 lakh for medical negligence as a 16-year long legal battle of a Tripura resident culminated in her favour.
The Chennai District Consumer Dispute Redressal Commission has also asked the hospital authorities to pay a sum of Rs 10,000 additionally as a compensation for the expenses she had borne for fighting the case.
Speaking to the media on Monday, advocate Prasanta Kumar Paul recalled, “Dulurani Saha, aged 80 got herself admitted in the Apollo Hospital, Chennai, for gallbladder operation. On January 11, 2007. The operation, conducted by surgeon Dr. T. Prithviraj on January 12, 2007, for which the patient party was charged Rs 76,930."
"She was discharged on January 21, 2007, and returned to Agartala. However, by May 4, 2007, she began experiencing severe abdominal pain. Initial treatment was sought from renowned surgeon Dr. B. Choudhury in Agartala. Later, on November 19, 2007, she was shifted to ILS Hospital, Kolkata, where surgeon Dr. Samaresh Banerjee performed another surgery. Shockingly, a towel bearing Apollo Hospital’s logo and identification number was discovered inside her abdomen during the procedure.”
According to the advocate, Saha endured prolonged physical pain and mental distress due to Apollo Hospital’s negligence. On November 5, 2008, she served a legal notice to the hospital, seeking appropriate compensation.
Receiving no response, she filed a case in 2009 at the Agartala Consumer Protection Court, seeking Rs 7,62,240 in damages.
However, the Agartala court declared the case outside its jurisdiction. Subsequently, the case was filed with the District Consumer Disputes Redressal Commission in Thiruvallur, Chennai, on January 5, 2010.
After years of legal proceedings, the court found Apollo Hospital guilty of negligence on May 21, 2024. The court ordered the hospital to pay Rs 10,00,000 for the physical and mental suffering caused to Saha and an additional Rs 10,000 as litigation costs.
The total amount, Rs 10,10,000, was to be paid within six weeks of receiving the court’s order, failing which an annual interest rate of 1% would be levied.
The legal battle was led by a team of advocates, including Prashanta Kumar Pal, K. Elangji, Chamki Raj (Chennai), Mihir Kanti Roy, and Subir Baidya.