New Delhi: The recent Supreme Court decision to award Rs. 10 lakhs in compensation to a patient highlights a case of medical negligence at Manipal Hospital. The patient, now deceased, suffered from hoarseness in his voice, a consequence of faulty anesthesia administration during surgery. Initially seeking Rs. 18 lakhs in compensation, the District Forum arbitrarily set the amount at Rs. 5 lakhs, a decision upheld by the National Consumer District Redressal Commission.
The Supreme Court, however, intervened, noting the District Forum’s failure to consider all relevant aspects in determining a fair compensation for the deceased patient. The court, consisting of Justices Hima Kohli and Ahsanuddin Amanullah, directed Manipal Hospital to pay Rs. 10 lakhs in compensation with interest.
The Court held,
“Given the aforesaid facts and circumstances of the case, we are of the opinion that the District Forum ought to have taken all the aforesaid aspects into consideration for arriving at a rightful compensation payable to the deceased which in the instant case, has not been done.”
The appellant patient, before his demise, alleged a breach of duty by the hospital administration. The critical duty of administering anesthesia was delegated to a trainee anaesthetist, resulting in the paralysis of the patient’s left vocal cord due to the faulty insertion of the Double Lumen Tube. The patient, post-operation, developed hoarseness in his voice. Furthermore, he claimed that the ailment deprived him of job promotion, and he continued to work in the same position from 2003 until his death in 2015.
The hospital contended that the District Forum erred in disregarding the evidence of doctors who stated that administering anesthesia through a double-lumen tube was not problematic. The court disagreed with the hospital’s stance, emphasizing that mere reliance on medical literature was insufficient to absolve the hospital of its duty. The court observed that the Head of the Department, Anaesthesia, should have inserted the Double Lumen Tube, but the task was delegated to a trainee anaesthetist.
Consequently, the Supreme Court directed that the compensation awarded by the District Forum be doubled from Rs. 5 lakhs to Rs. 10 lakhs, with a simple interest of 10% per annum from the date of filing the claim petition until the amount is paid.