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Compensation of Rs 19 lakh awarded in medical negligence case
DNA India, May 10, 2019.

Doctors were negligent in prescribing and administering Zobone injection to the deceased.

The state consumer district redressal commission (SCDRC) in an order has awarded a compensation of Rs 19 lakh plus interest to the family of a deceased who died due to medical negligence. The order directs three doctors and two hospitals to give compensation jointly and severally.

The order was passed after Umeshchandra Chandu Barkur, a resident of Mulund, approached the SCDRC after his wife, Kamini Barkur died during medical treatment. The order for compensation was given by PB Joshi, presiding judicial member and Dr S K Kakade, member of the commission. It was pronounced on February 21, 2019, but was uploaded on May 3, 2019.

Kamini Barkur died on June 24, 2014. She was treated by three doctors and received medical treatment in a nursing home and a hospital in Mulund. Umeshchandra alleged that deficiency in service during the treatment between June 9 to June 24 had lead to his wife's death.

Holding the three doctors and two hospitals responsible for her death, the complainant had initially sought compensation of over Rs 35 lakhs. The contentions were that doctors were negligent in prescribing and administering Zobone injection to the deceased, they did not diagnose bone marrow failure in time with subsequent Aplastic Anaemia, negligence in giving approval for surgical fitness, failed to monitor and communicate serious nature of the disease to the patient and relatives, and failed to deliver indoor case records in time and also manipulated medical records.

The commission considered all arguments and said that all this can be considered as cumulative negligence. By holding the doctors and two hospitals responsible for negligence, it asked that the medical treatment of Rs 8.08 lakhs be reimbursed in full while Rs 6 lakh be given for loss of earnings and Rs 5 lakhs for mental agony with nine per cent interest per annum.

Contentions

Doctors were negligent in prescribing and administering Zobone injection to the deceased

They didn’t diagnose bone marrow failure in time with subsequent Aplastic Anaemia

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