Chennai: The District Consumer Disputes Redressal Forum, Chennai (North), directed an insurance firm to pay Rs 8.29 lakh as compensation to a woman paralysed following surgery at a private hospital.
The forum directed the firm to indemnify the surgeon’s professional negligence.
In the petition, U. Sujatha of Purasawalkam, submitted that she had consulted Dr P. Varalakshmi of Narayana Hospital, Purasawalkam, on January 19, 2011.
Sujatha was expected to deliver a baby on August 30, 2011. She was admitted to Narayana Hospital on August 18, 2011, and developed labour pain. Without obtaining consent from Sujatha and her family members, Dr P.Varalakshmi performed surgery (lower segment cesarian section) and delivered a female baby at 9.50 am. The hospital staff manipulated the report, changing the elective to emergency surgery.
Sujatha was discharged from the hospital on August 22, 2011. In the discharge summary, the hospital advised her to take iron and calcium tablets for three months. At the time of discharge she was having hypertension. The hospital did not prescribe suitable drugs to control it. The hospital prescribed her drugs unsafe for a lactating woman. Sujatha sustained brain damage, which paralysed her permanently.
She was transferred to Apollo Hospital, Chennai for further treatment at much cost. She was discharged from Apollo on September 22, 2011. The petitioner stated that she cannot survive without a helper. Narayana Hospital staff gave her reports only after intervention by senior police officers.
In their reply, Narayana Hospital management denied deficiency in service. Dr P.Varalakshmi stated that due to threat of rupture, emergency LSCS was done. Consent from Sujatha and her mother was obtained for surgery.
M/s Oriental Insurance Company Limited stated that the firm had issued professional indemnity policy to Dr.P.Varalakshmi to cover her individual professional negligence. The insurer was liable only to the extent of professional negligence by Dr Varalakshmi. Sujatha’s medical records were not signed by Dr Varalakshmi.
The bench comprising president K.Jayabalan and member M.Uyirroli Kannan held that Dr Varalakshmi committed deficiency in service. However, Narayana Hospital, had not committed any deficiency.
The insurance firm was ordered to pay Rs 8,24,471 to the petitioner and to indemnify Dr Varalakshmi’s negligence. The bench also directed Dr Varalakshmi to pay Rs 5,000 to the petitioner.
