Hyderabad Hospital Found Guilty of Medical Negligence
Compensation Ordered by District Consumer Commission
The Hyderabad District Consumer Commission III has ruled against Germanten Hospitals and its orthopaedic surgeon, finding them guilty of medical negligence during surgery and inadequate post-operative care. The commission has mandated that they pay a compensation of Rs 20 lakh and an additional Rs 25,000 for legal expenses to the affected patient, who reportedly suffers from a disability due to the negligence.
Details of the Case
The case originated from a complaint filed by the patient, highlighting a failure to rectify a dislocated shoulder bone through surgery. The District Consumer Court determined that the doctors’ negligence in providing necessary post-operative care represented a “deficiency in service.” A significant factor in the court’s decision was the requirement for a second surgery, which underscored the failure of the initial procedure.
Background of the Incident
The incident dates back to September 27, 2021, when the patient was admitted to Germanten Hospitals following a road accident. After undergoing surgery, he was discharged on October 2. The patient’s counsel, V Gowrishankar Rao, reported that the patient attended multiple follow-up appointments, but was only examined by a junior doctor.
Claims of Further Negligence
Reports indicate that after the initial surgery failed, the patient was readmitted to the hospital. Instead of performing a second surgery, the hospital and the treating doctor allegedly attempted to manually correct the dislocation. The complainant claimed that when questioning the failure of the first surgery, the doctor stated that a junior surgeon had conducted the procedure due to a packed schedule of 20 surgeries that day.
Seeking a Second Opinion
Consequently, the patient sought a second opinion at another facility and underwent a successful surgery. Following this, he filed a consumer complaint, asserting that he experienced permanent disability due to the negligence of the surgical team. The patient sought compensation for both his physical and emotional suffering.
Hospital’s Defense
In response, the hospital’s counsel contended that the complications arose from insufficient post-operative physiotherapy and denied that a junior surgeon conducted the initial surgery. They referenced hospital records, asserting that only seven surgeries were performed on that day.
Commission’s Findings
After reviewing both sides’ arguments, the District Consumer Court noted that the post-operative prescriptions appeared to be authored by a junior doctor, and no evidence was presented to confirm that physiotherapy was recommended. The Commission ultimately concluded that the necessity for a second surgery was indicative of the failure of the initial operation.
Conclusion
The Hyderabad District Consumer Commission III reaffirmed that the inability to rectify the shoulder dislocation and the lack of adequate post-operative care constituted a significant deficiency in service. As a result, Germanten Hospitals and the attending orthopaedic surgeon were ordered to compensate the victim with Rs 20 lakh and Rs 25,000 for legal expenses, as reported by ETV Bharat.