New Delhi: The National Consumer Commission
has directed a premier medical institute to pay a compensation
of Rs one lakh to a person who suffered permanent disability
in his left hand due to "collective negligence" of its doctors
and paramedical staff.
"Considering the bare description of the nature and
extent of the permanent disability suffered by the complainant
...caused by the negligent act of the staff and doctors of the
Sanjay Gandhi Post Graduate Institute of Medical Sciences
(SGPGI), we are of the view that a lump sum compensation of Rs
one lakh should be awarded," the Commission bench, comprising
Members Justice R C Jain and Anupam Dasgupta, said.
A resident of Nepal, S P Aggarwal had approached the apex
consumer body claiming Rs 18 lakh compensation besides
challenging Uttar Pradesh State Consumer Commission`s order
absolving the medical institute from the charge of negligence.
"The affidavit and the documents filed by Aggarwal were
entitled to due consideration and the UP State Commission
ought to have taken a view based on the intrinsic value of
this relevant and important evidence," the Commission said.
Perusing the medical records, it noted that continuing
complaints of severe pain and swelling in the left hand and
forearm of Aggarwal were due to extravasation that he suffered
owing to wrong administration of drug.
According to medical terminology, extravasation injury
refers to the damage caused by leakage of solutions from the
vein to the surrounding tissue spaces during intravenous
Aggarwal`s medical records reflected that the doctors and
paramedics of SGPGI collectively tried to dilute the gravity
of the injury and no follow-up treatment was mentioned in his
discharge certificate, leading to aggravating of his
complications, the Commission said.
"More important is the failure of the institute to take
due cognisance of the injury caused due to extravasation and
initiate appropriate steps to treat the ensuing problems faced
by Aggarwal. This is clearly evidenced by complete silence of
the Discharge Summary," it said.
The Commission made it clear that proper treatment of the
main problem did not set the wrong things right due to the
medical negligence of its doctors and paramedics.
"Assuming that the institute did well in giving proper
treatment for ulcer, it would not set off the damage done to
the left hand and forearm of the complainant due to its
collective negligence in timely diagnosis of the complication.
The fact is that he has suffered permanent disability," the
Aggarwal went to the medical institute for treatment of
ulcer in 1996. However, he was injected a solution wrongly by
a sister leaving him in pain which culminated into permanent
disability of his left hand.