Thursday, April 2, 2015

Cluny Hospital asked to pay for medical negligence

Cluny Hospital asked to pay for medical negligence
PUDUCHERRY, April 2, 2015
R.SIVARAMAN
The State Consumer Disputes Redressal Commission at Puducherry has directed St. Joseph Hospital also known as Cluny Hospital to pay Rs. 3 lakh compensation to a woman for lapse in medical services rendered to her.
The Commission Bench comprising president Justice K.Venkataraman and its members - K.K.Rithia and S.Tirougnanassambandane said, “Deficiency in service on the part of hospital is proved and the complainant is entitled to receive compensation for mental agony and sufferings caused due to lack of proper medical help.
P. Amudha of Thendral Nagar, Pudusaram was diagnosed for myoma uterus (benign growth of smooth muscle in the wall of the uterus) and advised to undergo surgery by a lady doctor. She was operated upon on April 9, 2008 at the St. Joseph Hospital.
Ovaries removed
She alleged in the course of operation, the hospital and the gynaecologist were negligent in removing the ovaries without her consent. By this act she had permanently lost the chance of begetting a child, gained weight and developed other complications. She also said the gynaecologist in snapping of urine canal, failed to arrest the incessant passing of urine and abandoned her without providing ambulance to shift her to another hospital when her health was deteriorating. On these grounds, the complainant alleged negligence and deficiency in service on the part of the hospital and gynaecologist and sought relief from them.
Allegations denied
However, the hospital and the gynaecologist denied the allegations levelled by Amudha. They stated the hospital is a charitable institution with qualified and specialised doctors serving the public with a clean record more than 50 years.
They said there was no deficiency in service and the complainant not entitled for any compensation.
Disposing of the complaint, the Commission said the complainant had not proved through cogent evidence that the dribbling of urine was due to the surgery conducted by the gynaecologist.
It also pointed out that the complainant’s health deteriorated due to incessant passing of urine. The hospital discharged her on the grounds that she needed further treatment at some higher institutions since such facilities were not available in the hospital. She was admitted to the Government General Hospital, Puducherry.
The Commission said, “On April 30, 2008 when Amudha was discharged from the hospital to get admitted in the G.H.
She was neither provided an ambulance nor given any para-medical staff to assist her in case of emergency during the transit.
The hospital left her in the lurch without considering her serious health condition at the time of discharge.
This is a serious lapse on its part. The hospital failed to provide the case-history of treatment given to her but gave only a small reference letter with four lines.”
St. Joseph Hospital was directed to pay her a sum of Rs.28,405 towards medical expenses and Rs.10,000 towards costs.

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