Telangana State Commission Orders Kamineni Hospitals To Pay Rs. 6 Lakh Compensation For Delaying Operation And Tampering Evidence

Brief Facts:

Sai Nath (“Complainant”), represented by his father and natural guardian, was born with cerebral palsy with hemiplegia. He had undergone surgery on both legs at Sunshine Hospital two years ago and had an implant (LCP) fixed in his right leg. The doctors advised him to remove the implant after two years. However, when he approached Sunshine Hospital for the removal, he was advised to go to Kamineni Hospital instead.

The complainant's contention was that on 30.08.2017, he underwent surgery for the removal of the implant and surgery on both legs at Kamineni Hospital. However, on the night of the surgery, he experienced severe pain and was found to have a fractured bone in his right leg. The complainant alleged negligence on the part of Dr. Roshan Kumar Jaiswal while attempting to remove the implant.

Kamineni Hospitals Ltd and Dr. Roshan Kumar Jaiswal contended that the complainant had prior medical issues, including Hydrocethalus, which can lead to neuromuscular disorders and weaker bones. They claimed that they informed the complainant's parents about the risks and complications involved in the surgery. They asserted that the fracture in the right femur was an undisplaced fracture discovered during surgery, and they managed it conservatively.

Observations of the Commission:

Taking into account the evidence presented during the proceedings, the Commission noted that the complainant's surgery was performed on 30.08.2017, during which an undisplaced fracture in the right femur was observed. However, it was highlighted that no X-ray was taken on the day of the surgery. Furthermore, the Commission found that there was a significant delay in performing the operation, given the complainant's physical and mental condition. This delay was deemed negligent and a deficiency of service on the part of Dr. Roshan Kumar Jaiswal.

Additionally, the Commission observed that the record appeared to have been tampered with, to absolve Dr. Roshan Kumar Jaiswal from negligence. Such tampering raised serious concerns and cast doubt on the reliability of the information presented.

In light of the evidence and the complainant's physical and mental condition, the Commission ruled that the complainant was entitled to compensation. After considering the treatment provided under the Arogyha Bhadratha Scheme, the Commission decided to award the complainant a compensation amount of Rs. 6,00,000/- with interest at 9% per annum. The Commission directed Kamineni Hospitals Ltd. and Dr. Roshan Kumar Jaiswal to jointly and severally pay the awarded compensation. Furthermore, the Commission clarified that the liability of the insurance company, which was also a responding party, would only arise after the hospital's payment. The insurance company was, therefore, instructed to reimburse the hospital as per the terms and conditions of the policy.

The Commission granted a period of 30 days for the hospital to comply with the order. Should the hospital fail to comply within this timeframe, the interest rate would be increased to 12% per annum.

Case: M. Sainath vs M/s. Kamineni Hospitals Ltd

Case No.: C.C.249/2017

Advocate for the Complainant: M/s. K. Naganadha Prasad

Advocate for the Respondent: Sri Srinivasa Rao Pachwa and S. Agasthya Sharma

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