JORHAT, June 17 - The District Consumer Disputes Redressal Forum (DCDRF) of Sivasagar has directed Sampreeti Hospital of Sivasagar to pay Rs 5.5 lakh to a lady after the Forum found medical negligence on the part of the doctors and the hospital during a gall bladder operation the woman had undergone on October 19, 2012.
The woman reportedly suffered jaundice, abdominal pain and other discomforts after the surgery done at the Sampreeti Hospital and had to undergo another surgery at a private hospital in Chennai to treat the “post cholecystectomy CBD injury” reportedly sustained by her in her common bile duct during the surgery done at Sampreeti Hospital.
The judgement, delivered by the DCDRF on June 11 by president SK Poddar and member Rajib Hazarika has found negligence on the part of the hospital and the doctors – Babul Chandra Saikia and Arun Madhab Baruah (MD of the hospital) while conducting the surgery on Nabanita Borah, wife of Dhrubajyoti Borah, an ACS officer then posted in Sivasagar.
The DCDRF order also stated that there was lack of proper back-up to handle the complications suffered by the patient after the surgery done through laparoscopy.
The judgement was delivered after the patient filed a case at the DCDRF on March, 18, 2014 by Nabanita Borah through advocate Anup Dutta of Jorhat Bar Association.
After hearing arguments of both sides, the DCDRF ordered that the insurance company (New India Insurance Company) to which the hospital is insured under professional indemnity policy, to pay Rs 5.5 lakh to the complainant as compensation with an interest at nine percent from the date of filing of the complaint.
The order also asked the insurance company to pay the amount to the victim within 30 days from the date of passing of the order.
The hospital through their lawyer JK Bhuyan had denied the charges levelled by the complainant. However, the DCDRF observed that “during the gall bladder surgery there was medical negligence on the part of the doctors and the hospital for which the complainant had to suffer mentally, physically and financially”.
It may be mentioned here that the victim alleged in her complaint that she had failed to get justice in her case in an inquiry ordered by the Sivasagar Deputy Commissioner through an inquiry conducted by a committee formed by the DC having then Joint Director of Health Services (Sivasagar) as one of the members, prior to approaching the DCDRF.