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India
24 May 2018

12-years-long-battle: Medical-negligence takes woman's life, husband gets Rs. 10L compensation

Medical negligence: Man gets Rs. 10L compensation

The National Consumer Disputes Redressal Commission in Delhi awarded Rs. 10 lakh compensation to Bihar-based, Ramadhar Singh, whose wife Bachan Devi, died after being in coma for five years.

Singh's 12-year long legal battle finally came to an end when board observed his wife passed away due to medical negligence.

Her abdominal hysterectomy was performed by Dr Sudhir Mohan Kant, on August 14, 2005.

In context

Medical negligence: Man gets Rs. 10L compensation
After operation, Bachan Devi didn't gain consciousness

How it began

After operation, Bachan Devi didn't gain consciousness

After being operated by Dr Kant, Singh's wife didn't gain consciousness.

Singh's legal counsel said Singh was told her wife would have to undergo another operation. Even after that, she didn't get better.

Singh approached many doctors including a Dr Rohatgi in September 2005.

An investigation revealed heavy amounts of ether was used as anaesthesia by Dr Kant and his anaesthetist.

Series of events

Singh approached district forum as wife stayed in coma

While his wife was in comatose condition, Singh approached a district forum in 2006. A year later he was given Rs. 10 lakh.

However, when Dr Kant applied against the order, the state commission brought down the compensation to Rs. 4 lakh in 2011.

In 2012, Singh filed a revision plea.

The consumer body observed the treatment record showed the patient's pathetic condition.

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What Ramadhar Singh's lawyer told apex board

"The doctor (Kant) did not take any precautionary measures of conducting pre-investigative tests with respect to blood, urine, blood sugar etc, prior to the operation and used large quantities of ether on account of which the patient remained in a lifeless state," said the lawyer.

Dr. Kant vs Ramadhar Singh: What both parties said

Details

Dr. Kant vs Ramadhar Singh: What both parties said

Dr Kant argued he found the patient's condition fit for anaesthesia. But the bench noted that important tests were conducted after the surgery. By then, the patient had already slipped in an unconscious state.

"You see me standing here in front of you, but mentally, physically and financially, I feel dead," Ramadhar Singh told as he narrated his pain of losing his life partner.

Apex body rules in favour of Singh

The apex body ruled, "Amount awarded by the district forum of Rs. 10 lakh deserves to be paid to the complainant." Singh was paid Rs. 3 lakh earlier by insurance company and rest of the amount will now be paid by Dr Kant.

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