Rs 50 Lakh Compensation for Medical Negligence Awarded

November 29, 2019

The Punjab State Consumer Disputes Redressal Commission has ordered JP Hospital, Zirakpur, to pay a compensation of Rs 50 lakh to Manisha Dehran, registered with Punjab & Haryana HC Bar Association, for reducing her to a vegetative state owing to medical negligence during childbirth in 2014.

The lawyer “doesn't recognise anybody. She can only sit, cann't walk & responds to a few basic commands”. Manisha, her husband & 2 young daughters had filed a complaint against the hospital, its employee Gagandeep Kaushal & Dr Rajni Parihar, a private practitioner. All 3 have been told to pay compensation to the patient within 45 days.

President of the commission Paramjeet Singh Dhaliwal & member Raj Kumar Goyal ordered the compensation for “mental agony, harassment, avoidable pain & disability.” The compensation is to be paid in lump sum at an interest of 9 per cent from the date of filing of the complaint (April 25, 2016) & an additional Rs 33,000 towards litigation cost.

Manisha was taken to ‘“Mom & Me Hospital’ (Zirakpur) of Dr Rajni Parihar on June 6, 2014. In view of persistent pain, she was referred to JP Hospital. Her husband said she was administered ‘epidural analgesia’ there. The patient’s condition deteriorated & C-section was performed. There were several complications during the delivery as also later. Manisha was taken to Max Hospital & then to PGIMER, Chandigarh. She was discharged in September.

The commission held that the procedure followed by the opposite parties was inappropriate & questionable. As a result, Manisha had suffered seizures & “ultimately became unresponsive”.

JP Hospital, in its reply to the notice, contended that no evidence had been brought on record to prove negligence by the hospital. Likewise, Dr Parihar maintained there was no specific allegation of medical negligence against her. When contacted, JP Hospital administrator Prabhjot Kaur said: “We will respond only after we receive a copy of the order.”