Rs 15.5 lakh in compensation for gross medical negligence was today ordered to be paid by the Assam Consumer Disputes Redressal Commission to the family of a patient who died at a nursing home here during an operation in 2003.
A bench of the Commission comprising Justice A Potsangbam and Member M K Barooah asked five parties to pay the compensation within three months, failing which interest of 9 per cent would be applied.
"In the instant case, we are cognisant of the negligent actions on the part of each of the treating doctors and also the hospital, attributing to the ultimate death of the patient, an untimely death which could have been avoided," the verdict said.
The 42-year-old patient, Maya Agarwala, suffering from heavy menstruation, had died after an operation at the East End Nursing Home and Research Institute here in June 2003.
It said that the death of Agarwala could have been averted had there been proper care and "judicially recognised principles" were followed.
The Commission said "On consideration of the case in its entirety, we are of the opinion that the opposite party numbers are jointly and severally guilty of gross medical negligence amounting to deficiency of service. In the result, the complaint is allowed," it said.
"...Considering the varying duty and responsibility and degree of involvement, we are of the view that interest of justice would be served better if we award a sum of Rs 15,50,000 only in total," it said.
Agarwala was operated on by gynaecologist Alaka Goswami assisted by gynaecologist Rajib Lochan Sharma, anaesthetist Biswa Dev Goswami, two surgeons Devi Prasad Goswami and Ujjal Chakravarty, besides a cardiologist Bonojit Choudhury.
However, no direct evidence of negligence was found against Sharma and Chakravarty.
The complainants had demanded a total compensation of Rs 22,87,400.
