Medical Negligence- Tripura High Court Orders Govt. To Pay Rs.10 Lakhs Compensation To Mother Of Deceased Lawyer

BACKGROUND OF THE CASE

A PIL was filed by Mr. Pulak Saha, a social activist, seeking action against the negligent doctors and hospital administration due to which the deceased had died who was in fact the sole earner of the family. The petitioner had also prayed the formation of a special investigation team in order to conduct a detailed inquiry into the allegations.

An intervention application was then filed by the mother of the deceased advocate seeking directions from the Court to pay an interim compensation of Rs. 15,00,000 in the matter. Bhaskar Debroy, the only child of his widowed mother, had met with an accident on 6^th March 2020. He was then taken to GBP Hospital in a conscious state, however, he died on 7^th March 2020 after his condition worsened while undergoing medical treatment.

Findings of the Medical Audit Team

A preliminary report was filed on 10^th March 2020 by the audit team wherein it was concluded that:

• No proper history of the patient was available with the hospital administration.
• The doctor who had first examined the deceased confirmed that he was conscious on arrival in the hospital.
• No investigations were advised at Trauma Centre, neither any specialist help was called for.
• There was a delay in initiating proper treatment from the entry of the patient at Trauma Centre to his reaching at the Medical Ward.
• The doctor had not systematically examined the deceased and had failed to obtain a second opinion with regards to the administration of treatment.

The final report by the Audit Team dated 12^th March 2020 had revealed that the deceased had a total of 17 injuries, both external and internal. "After thoroughly scrutinizing and comparing the Postmortem report with the bed head ticket, all statements, especially statements of doctors concerned it is clear that on duty concerned doctors of Trauma Centre, Emergency and Medicine department did not examine and investigate the patient properly and therefore missed multiple grievous injuries that eventually caused the death." The report stated.

Findings of the Magisterial Inquiry

The State Government had set up a magisterial inquiry in the matter which was conducted by DM and Collector, West Tripura, Agartala. In a report submitted dated 24^th August 2020, he came to a conclusion that no physical examination was done by the doctors on duty when the patient had reached the emergency ward.

In doing so, the report had suggested "I Dr. Mahatme Sandeep N, IAS, Magistrate find medical negligence in providing standard care and treatment to that injured patient namely Bhaskar Deb Roy and such negligence leads to unfortunate death to Late Deb Roy & I hold Dr. Debasish Paul, on duty Doctor of Trauma Care Centre, Dr. Ronit Das, Dr. Suman Nath, EMOs at Emergency Block of AGMC & GBP Hospital as responsible for such Gross Medical Negligence which leads to death of Bhaskar Debroy."

OBSERVATION OF THE BENCH

The bench while taking into account the Magisterial report and Audit Team report came to the conclusion that both the inquiries suggested gross negligence on the part of the doctor and hospital. In the view of the same, the Court went ahead on the question of awarding compensation to the family of the deceased in the matter.

The bench relied on the case of Leela Shamji & Ors. v. BYL Nair Hospital & Ors. (2019) of the Bombay High Court wherein the court while relying on the judgment of Uphaar cinema case had awarded a compensation of Rs. 10,00,000 to the petitioners where a person had died due to inhaling excessive oxygen after he was trapped between the MRI machine and Oxygen cylinder.

The Court furthermore analyzed the facts of the case and held that it was a crystal clear case of res ipsa loquitur, a maxim of used in the field of medical negligence. The Court therefore ordered the award of compensation of Rs. 10,00,000 to the mother of the deceased.

"As per settled principles, in such a case for choosing the multiplier, the age of the deceased and not that of the mother would have to be taken into consideration. For personal expenditure 50% of the income would be set apart for the deceased leaving the rest 50% for the mother. Even going by the modest estimate of the income of a lawyer with 5 years standing at Rs.10,00,000/- and providing for future rise in income." The Court observed.

DIRECTIONS OF THE BENCH

• State of Tripura and State Health Department shall pay a compensation of Rs. 10,00,000 to the mother of deceased. The sum shall be deposited to the Court Registry by 15^th February 2021.
• Rs. 3,00,000 from the sum would be released in favour of the mother by way of a pay cheque whereas the other sum would be invested in a fixed deposit for a period of 5 years.
• The mother of the deceased shall receive periodic interest on the dixed deposit.
• It would be open for the mother of the deceased to open her file in the case proceedings in if she wants any further compensation.