Compensation to patient for wrong-side surgery after 23 years

The National Consumer Disputes Redressal Commission (NCDRC) observed that Chennai-based C S I Rainy Hospital had not taken the "required reasonable degree of care and caution" while treating the patient and held it guilty of medical negligence.

The NCDRC passed the judgement while setting aside the Tamil Nadu State Consumer Commission's 2007 order dismissing the plea of the patient.

"In the instant case, the facts clearly indicate that the required reasonable degree of care and caution was not taken by respondent (hospital) in the treatment of appellant (patient) and, thus, respondent was guilty of medical negligence for which appellant should justifiably be compensated.

"We are unable to uphold the order of state commission and set aside the same. Respondent being guilty of medical negligence is directed to pay the appellant Rs 1,00,000 as compensation for unnecessary suffering and agony caused to him and to his family," the bench presided by Justice Ashok Bhan said.

The appellant, Chennai resident Javeed, had said in his plea challenging the state commission's decision that when he was two-years-old he was admitted to the multi-speciality hospital for treatment of hernia, a bulging of internal organs or tissues.

He had said that he was diagnosed as suffering from hernia on the right side of his groin and the hospital had said that he would require surgery for the same.

However, on August 12, 1989 the hospital operated on his left side instead, he said. (MORE)