LI Network
Published on: February 20, 2024 at 14:20 IST
The Supreme Court granted Rs. 10 lakhs in compensation to a patient who suffered hoarseness in voice due to errors committed by doctors during anaesthesia administration.
The patient, now deceased, initially claimed Rs. 18 lakhs against Manipal Hospital for the faulty operation that led to the voice impairment.
The District Forum, without providing reasons, set compensation at Rs. 5 lakhs. The National Consumer District Redressal Commission upheld this amount. However, the Supreme Court, comprising Justices Hima Kohli and Ahsanuddin Amanullah, found the District Forum’s evaluation inadequate.
The appellant alleged that the hospital’s negligence, assigning a critical task to a trainee anaesthetist, resulted in left vocal cord paralysis due to incorrect insertion of the Double Lumen Tube during anaesthesia. Post-operation, the patient developed hoarseness in voice.
The appellant further claimed a negative impact on career progression, working without promotion until their demise in 2015.
The respondent hospital argued that the District Forum erred in dismissing doctors’ evidence supporting anaesthesia via a double-lumen tube.
The Court disagreed, emphasizing that mere reliance on medical literature doesn’t absolve the hospital’s responsibility. It noted the absence of the Head of the Department during the tube insertion, delegated to a trainee anaesthetist.
Consequently, the court doubled the compensation from Rs. 5 lakhs to Rs. 10 lakhs with a 10% per annum simple interest from the claim petition filing date until payment, adjusting previously released amounts in favor of the appellant patient. The appeals were allowed accordingly.
The case brings attention to the importance of proper medical procedures and accountability in cases of negligence, ensuring fair compensation for affected individuals.