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Lilawati, doc told to pay Rs. 16L for negligence
DNA, June 6, 2019

The state consumer disputes redressal commission (SCDRC) in an order has directed that Rs. 16.45 lakh compensation be paid to a complainant for medical negligence.

The order pronounced on May 2 was uploaded this week after a complaint filed by Goregaon resident Shyamalee Gupta. Gupta had made the managing director of Lilavati Hospital and Research Centre and Dr. Ranjana Dhanu as parties alleging medical negligence.

Gupta was suffering from menopausal bleeding and was advised to undergo minor investigative procedure- a hysteroscopy and dilation and curettage (D&C). On the same day she was readmitted due to continuous complaint of breathlessness. Her family members were informed that her right uterer was damage and emergency procedure called PCN was performed. She was later admitted to Hinduja Hospital and her right kidney removed.

Gupta sought damages of Rs. 90 lakh (including medical expenses) stating that due to deficiency in service her right uterer was damaged and then right kidney was also removed.

While giving the order PB Josh, presiding judicial member ad AK Zade, member of SCDRC found medical negligence. Their order sated:” The question is about the reasonable degree of skill was to be exercised while doing the said process and it appears that no reasonable degree of skill was exercised while doing D&C. Reason is that, while doing D&C the right ureter was removed by opponent no. 2 and hence, it cannot be said that it was an accident or misadventure.

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