Posted By :  Admin1

03 August 2023

Hyderabad: The Telangana State Consumer Disputes Redressal Commission has ruled that a delay in performing a crucial operation not only constitutes negligence but also indicates a deficiency of service. Consequently, the Commission has directed Kamineni Hospitals Ltd and a pediatric orthopaedician to jointly pay Rs 6 lakh in compensation to address the harm suffered by a patient with cerebral palsy and hemiplegia.

The Commission, led by V.V. Seshubabu (Member) and R.S. Rajeshree (Member), found Kamineni Hospital responsible for medical negligence and service deficiency during a surgery involving the removal of an implant from the right leg and a procedure on both legs of a 15-year-old patient named Sai Nath. The case revolves around Nath, a Safilguda resident, who was born with cerebral palsy and hemiplegia. Nath had undergone leg surgery at Sunshine Hospital two years prior, including the placement of an implant (LCP) in his right leg. The doctors advised the removal of the implant after two years, leading him to approach Kamineni Hospital for the procedure.

However, the surgery performed on August 30, 2017, resulted in severe post-operative pain for Nath, and a subsequent examination revealed a fractured bone in his right leg. The complainant alleged that the doctor's negligence during the implant removal caused the fracture. Despite Nath's cries and distress after the surgery, he was administered only painkillers.

An X-ray confirmed the leg bone fracture, with the doctor recommending a similar permanent plate fixation. The patient's family accused the doctor of medical negligence in causing the fracture. Following a second operation, the doctor altered their stance, informing the family that the new implant would need removal within a year.

Kamineni Hospitals and the Paediatric Orthopedician countered the accusations, citing Nath's pre-existing medical conditions, including Hydrocephalus, which could affect bone strength. They argued that the family was informed of the procedure's associated risks. They asserted that the fracture found in the right femur during surgery was undisplaced and conservatively treated.

The Commission, after assessing the evidence, noted that the initial surgery on August 30, 2017, revealed an undisplaced fracture in the right femur. Notably, no X-ray was taken on the surgery day, raising concerns about the clarity of evidence. The Commission highlighted:

"No X-ray was taken on August 30, 2017. The evidence affidavit from the doctor (RW1) stated that due to non-cooperation from the complainant, no X-ray was taken. Although bedside X-ray was available, the clarity of images is unclear. The X-ray (Ex.A12) taken on August 31, 2017, revealed a completely angled bone leaning to the right at the mid-region. Despite such significant displacement shown by Ex.A12, the surgery was performed on September 2, 2017."

The Commission also criticized the substantial delay in conducting the operation, given the patient's physical and mental state. This delay was deemed not only negligent but also a service deficiency on the part of the Orthopedic Paediatrician. The Commission added:

"No acceptable reasons were provided for the delay, despite RW1's statement. Considering the continuous post-operative distress of the patient since August 30, 2017, the delay amounts to both negligence and service deficiency."

Moreover, the Commission noted possible tampering with the medical record to absolve the doctor of negligence. Such tampering cast doubt on the credibility of the information presented, suggesting an attempt to evade responsibility.

Given the evidence and the patient's condition, the Commission ruled in favor of the complainant, directing Kamineni Hospital and the doctor to pay Rs 6 lakh in compensation, along with a nine percent interest from 2017 until payment. The Commission also specified that failure to comply within a month would result in a 12 percent annual interest.

The Commission clarified that the insurance company's liability would only arise following the hospital's payment. Thus, the insurance company was ordered to reimburse the hospital according to the policy terms.

In conclusion, the Commission stated:

"The complaint is partially upheld, with Kamineni Hospitals Ltd and the Pediatric Orthopedician jointly responsible for paying Rs 6,00,000 as compensation, with a nine percent annual interest from the complaint date (December 7, 2017) until the payment date. Additionally, costs of Rs 20,000 are to be paid. Following payment by Kamineni Hospitals Ltd and the Pediatric Orthopedician, the insurer (The Oriental Insurance Co.) is directed to reimburse them as per policy terms."