Patient was of 37 years old underwent laparoscopic sterilisation at Deen Hospital. On account of her respiratory trouble, the surgery took longer than usual. Later patient was shifted to another hospital and then to another hospital, where she succumbed to death on the very next day.
The legal representative of the deceased person filed complaints before the Kerala Consumer Disputes Redressal Commission (State Commission) , wherein the State Commission held and partially allowed the complaint and directed the Doctors to jointly pay a sum of Rs. 7 lacs as compensation to the complainant. Also held that the two doctors who assisted the surgery were not liable.
Being aggrieved by the verdict passed by the State Commission the complainant preferred an appeal seeking enhancement of the compensation and the doctor�s also preferred separate appeal against the decision of the State Commission.
While deciding the appeal the Hon�ble NCDRC held and placed reliance on the case of Bombay Hospital and Research Medical Centre Vs. AshaJaiswal that if the patient was in a critical condition and he could not survive even after surgery and keeping in mind that the blame cannot be passed on to the Hospital and the Doctor who had provided all possible treatment within their means and capacity to diagnose the patient of the illness. Therefore, Hospital and Doctor could not be blamed as they provided the requisite care at all given time.
In the present case, while surgery being done the Doctors has effectively managed the complications in the operation theatre and done resuscitation. The patient was referred to the hospital for ventilator support. Therefore, negligence cannot be attributed to the Doctors.
