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Hyderabad hospital directed to pay Rs 47 lakh as compensation for death due to medical negligence

New Delhi: The National Consumer Disputes Redressal Commission (NCDRC) has directed Yashoda Hospital, Hyderabad to pay Rs 47 lakh to the wife of a patient who died due to medical negligence.

According to the complainant D Uma Devi, her husband D Sadasiva Reddy was suffering from jaundice. He got admitted in Yashoda Hospital, Hyderabad on May 13, 2008. He was advised ERCP (Endoscopic Retrograde Cholangio-Pancreatography) with CBD endoscopy.

On May 14, 2008, during ERCP procedure, the doctors administered anaesthesia (Propofol), which resulted into fatal complications in the patient, therefore ERCP procedure was abandoned. The patient was brought out of the operation theatre in an unconscious (comatose) state. He never recovered from coma. After long struggle of two and half years, the patient died on October 12, 2010.

The hospital attributed this sorry state of affairs to the sudden cardiac arrest while conducting ERCP procedure.

Alleging medical negligence, the complainant approached the Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad against Yashoda Hospital. The State Commission directed the hospital to pay Rs 10 lakh as compensation. Aggrieved by the impugned order, both the parties filed cross appeals before the National Commission.

In its order passed on April 11, 2016, a bench of Justice J M Malik (Presiding Member) and Dr S M Kantikar (Member), while enhancing the compensation amount from Rs 10 lakh to Rs 47 lakh, said, “The ERCP procedure was not followed by the doctors as per standard guidelines, the Propofol was administered without monitoring and caution. The cardiac arrest was not managed properly, therefore patient suffered coma. Thus, it is the case of medical negligence.”

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