Admitted for hernia surgery in 1996, the woman had slipped into coma after administration of anaesthesia and eventually died of hypoxia (lack of oxygen level in blood) because no oxygen cylinder was readily available with the nursing home to administer her the vital gas in time.
The woman had died seven days after she was shifted to another hospital following the surgery, but the post-mortem report said "the patient died of hypoxia consequent to administration of anaesthesia".
The National Consumer Disputes Redressal Commission (NCDRC) verdict, increasing the damages to Delhi residents Rajat and Sobhit Jain from Rs one lakh to Rs seven lakh came on their appeal against the Delhi State Consumer Commission ruling.
While upholding the lower fora's finding that the nursing home and the concerned doctor, Dr P N Gupta, were guilty of rendering deficient service by not arranging for an oxygen cylinder beforehand, the NCDRC said the compensation awarded by the state commission was meagre.
"We find force in the contentions of appellants (Rajat and Sobhit) that compensation awarded was meagre...It appears that the State Commission did not take into account that the deceased was well educated and gainfully employed and her death had at a young age deprived the appellants of a mother which is an irreparable loss but also there was monetary and financial loss which could be quantified,...
"...We are of the view that a higher compensation is justified in the instant case," said the NCDRC bench of Justice Ashok Bhan, while increasing the compensation. (More)
