The consumer court has directed the doctor to pay Rs 4 lakh for medical negligence. (Representational)
The National Consumer Disputes Redressal Commission (NCDRC) has directed a doctor to pay a compensation of Rs 4 lakh with interest to a woman who allegedly suffered from nerve damage due to medical negligence 21 years ago.
NCDRC president RK Agrawal and members SM Kantikar and Binoy Kumar passed the directions on a revision petition filed by the doctor against the 2014 order of Tamil Nadu Consumer Disputes Redressal Commission directing him to pay Rs 4 lakh for medical negligence.
"The petitioner failed in his duty of care. Based on the medical literature, negligence is determined against the Petitioner. It is pertinent to note that we are now at the end of 2021, to meet the ends of justice, we deem it appropriate to direct the Petitioner to pay Rs four lakh with interest at six per cent per annum from 2014," the consumer commission held.
The NCDRC noted that the "root cause" of all the problems was the doctor's negligence in pricking the injection needle at the wrong site and thereby inflicting damage to the nerve.
"In consequence of which, the minor girl suffered severe pain and could not walk using the left lower limb, which is diagnosed as poly radiculopathy," it stated.
The bench noted that the patient had no neurological problem initially but progressively suffered from poly-radiculopathy after getting the injection.
As per the complaint, on August 24, 2000, a minor girl, suffering from high-grade fever, was taken to a doctor who administered an injection on her left buttock.
"Immediately after that the patient experienced severe pain and developed swelling. She was unable to stand or walk," it stated.
The doctor assured her parents that the pain would subside but it persisted, the complaint stated, adding that despite contacting the doctor several times, no help was offered by him.
Aggrieved by the medical negligence, the father of the minor moved to the consumer forum.
The doctor, however, submitted that there was no expert medical opinion to establish the medical negligence and prove that the nerve injury was due to the wrong administration of the injection.
"There was a history of fall from the stool. It was further submitted that the patient was treated by a few other doctors and the pain was due to Spinal Cord problems," he argued.
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