The Hindu : Panel orders JIPMER to pay Rs. 5 lakhs compensation

Online edition of India's National Newspaper
Tuesday, Mar 11, 2003

Southern States

Southern States - Pondicherry

Panel orders JIPMER to pay Rs. 5 lakhs compensation

By S. Nadarajan

Pondicherry March 10. The State Consumer Disputes Redressal Commission here has directed the Centrally-administered JIPMER to pay a compensation of Rs. 5 lakhs with 12 per cent interest from December 1, 1998, till the date of the order, to the widow of Subramanian of Murugankudi of Thittakudi taluk in Cuddalore district, for negligence on the part of its doctors. The doctors left the forceps inside the stomach of Subramanian during an operation.

The Commission, headed by Justice Y.Venkatachalam and comprising M. A. Emile, member, also pointed out in its March 5 order that Arukkani, wife of the deceased, should share the compensation with her minor daughter, Selvarani. The institute was also directed to pay Rs. 5,000 to the appellant towards the cost of the appeal. Subramanian was admitted to the JIPMER following complaints of back pain and difficulty in swallowing, in November 1998. The patient was operated upon on December 1 the same year. He was discharged on December 16. He, however, continued to have severe pain in his stomach and was vomiting blood.

He was treated as an out-patient in the JIPMER on April 3 and 6 in 1999. Later Subramanian approached a private hospital in Vriddachalam. An x-ray taken there showed a big sharp-edged artery forceps apparently left inside his stomach during the operation in the JIPMER. Subramanian was again taken to the JIPMER and was operated upon in April 1999. The forceps was removed and subsequently Subramanian died in June 1999.

The complainants (wife of the deceased and her four children) moved the District Consumer Disputes Redressal Forum demanding a compensation of Rs. 5 lakhs for `serious deficiency of the services on the part of the JIPMER doctors'. The District Forum dismissed the complaint without cost.

The matter was taken on appeal with the Commission. The appellants alleged that wrong diagnosis, improper operation and negligent manner of removing the artery caused the death.

The JIPMER counsel argued that Subramanian had been suffering from stage III of cancer, an advanced stage of the ailment, owing to which he was already nearing death. `Leaving the artery forceps inside the stomach of the deceased during the first operation was only a human error. The death was not due to any negligence on the part of the doctors', the counsel argued.

However, the Commission said: `Considering all facts and circumstances of the case we are of the clear view that the eventual death of Subramanian was not due to progression of cancer as contended by JIPMER, but due to negligence during first operation, which necessitated second operation. But for the negligence of leaving a foreign body inside the stomach and subsequent events, the patient would have survived longer if not for all five years of survival rate claimed by the JIPMER.'

Sources in the JIPMER said today that the copy of the order was awaited for follow-up action.

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