Hon. Supreme Court fines Rs.40 lakhs(Hospital) & Rs.10 lakhs(Doctor) for not following Post.Op. Care.

Improper Post Operative care after Angioplasty  resulting into death of a patient, Hon. Supreme Court imposed  Rs.40 lakhs on the Hospital and Rs.10 lakhs on the  Treating Doctor ... 

Sheela Jitna Naik Gaunekar V/s. Apollo Hospitals, Chennai.
C.A. no. 3625/2005, decided on 05-10-2016, reported in I (2017) CPJ 1 (SC)

Facts in short..

1. The Widow -  Complainant filed the complaint for Rs.70 lakhs against the Hospital on account of sudden death of her husband who underwent  Angioplasty.
2.. It was alleged that there was no proper post-op care taken by the Hospital.
3. Both the parties lead extensive evidence in lower forum and the lower forums after perusing the evidence and more particularly cross exmination of Dr. Mathews came to the conclusion that there was Negligence in post-op treatment, after Angioplasty, which resulted in to death of the Patient & awarded Rs. 2 lakhs plus interest @6% p.a. 

Both the parties approached to Apex court, and after perusing the evidence and the previous judgements, it upheld the lower forums judgments and observed :

1. While calculating the compensation, it took into consideration the annual income of the deceased from IT returns. It came to be Rs.3,33,000/- net. Thus applying multipler of 9, it came to Rs. 29,70,000/- and as the incidennce happend in the year 1996, Apex Court awarded Rs.40 lakhs considering 20 years litigation !.
2. Applying the ratio in  Landmark (for Medicos, controversial) judgment of Dr. Kunal Saha, it also personally held The Doctor Negligenent and Saddled Rs.10 lakhs upon him.. Thus lower forum compensation was enhanced to Rs.50 lakhs plus 9% p.a. interest , in totality.
3. It was also made clear that if the Doctor fails to pay Rs.10 lakhs, then it shall be paid by the Hospital only, which inturn it may recover from the Doctor.

This judgment may be welcomed by common people. However, Medicos will be very upset. Exactly what was the Evidence came on record, has not been mentioned indetail in the Judgment.  The SOP has to be followed and documented properly, as in the Court, record speaks for itself...

Thanks & Regards,

Adv. Rohit Erande.
Pune. ©

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