Medical Negligence - Consumer court tells Fortis to pay Rs 23.5 lakh to advocate

Holding surgeons of a reputable city hospital guilty of negligence, the Karnataka Consumer Disputes Redressal Commission has directed the hospital to pay Rs 23.54 lakh as compensation to the complainant. The complaint was filed by an advocate whose wife died in the operation theatre in Fortis hospital on February 11, 2010.

The bench comprising commission chairman Justice B S Indrakala and judicial members BS Tadahal and GT Vijayalakshmi asked the hospital to pay the sum within eight weeks along with 9% interest from the date of filing of the complaint. A litigation cost of Rs 5,000 also has to be paid to the complainant.

Apart from the hospital, orthopaedic surgeon PK Raju, neurosurgeon Dr Suresh and anaesthetist Dr Ravi Shankar committed deficiency of service and were negligent while conducting surgery on 42-year old Vidya Prasad, resulting in her death in the operation theatre, the bench observed. The family was told to sign the anaesthesia and surgery consent forms without being informed of the risk of cardiac complications.

HN M Prasad, an advocate practising at the Karnataka High Court, and his two children filed the complaint alleging that the hospital was not well-equipped to conduct the operation and neither the victim nor her attendants were forewarned about the risks involved.

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