Chennai: Upholding the order of the district consumer forum directing a Coimbatore-based hospital to pay a compensation of Rs 5 lakh to the parents of a 15-year-old student who died due to medical negligence, the state consumer disputes redressal commission (SCDRC), Chennai, observed that the doctors had diagnosed the problem only after the death of the boy.
The bench, comprising president, Justice R. Regupathi, members J. Jayaram and P. Bakiyavathi, held that the case was not dealt with properly and due diligence, reasonable skill and seriousness which it warranted.
Petitioners K. Suppannan and S. Govindammal of Odaikadu village, Erode district, submitted that on the morning of July 2, 2005 their son, Magudapathy, suffered severe abdominal pain in school. Teachers rushed him to the Perundurai Centre of Coimbatore based Kovai Medical Centre and Hospital (KMCH). After taking an x-ray, they found no abnormality and gave him analgesic drugs.
Without diagnosing the problem, he was sent to its Erode centre, about 20 km from Perundurai. On reaching Perundurai hospital at 1 pm, as the doctors were not able to diagnose the problem, they referred him to their headquarter hospital in Coimbatore and he reached there at 4 pm. A duty doctor in Coimbatore KMCH informed the parents that the patient did not require emergency treatment.
He was referred to a general surgeon and since he was busy with surgery, he came on the scene only around 6.30 pm. Within a few minutes, Magudapathy collapsed. He was immediately shifted to the ICU where he was declared dead. His parents contended that he died due to negligence and deficiency in service by the doctors.
In its reply, the hospital submitted that the patient was attended to by the surgeon around 4.50 pm in its main hospital in Coimbatore. They were under the impression that it was a probable case of acute pancreatitis. As soon as the general surgeon inspected the boy, his condition deteriorated suddenly and he collapsed. He was admitted to the ICU but he could not be revived and was declared dead at 7.45 pm.
Test reports indicated that the cause of death was sudden hypovoleamic shock (severe blood and fluid loss that prevents the heart from pumping enough blood to the body). Hence, there was no negligence or deficiency on their part, they said.
On July 3, 2009, the district consumer disputes redressal forum, Erode, directed the hospital to pay Rs 5 lakh as compensation for the parents’ mental agony and suffering. Aggrieved by the order, the hospital filed the present appeal.
Dismissing the appeal, the SCDRC bench said the problem was diagnosed only after the death of the patient. The compensation amount awarded was reasonable and they found no infirmity in the order.
