Medical Negligence | Supreme Court Awards Rs 10 Lakh Compensation To Patient Who Developed Hoarseness In Voice After Trainee Gave Anaesthesia

The Supreme Court recently awarded Rs. 10 lakhs compensation to a patient who developed hoarseness in his voice due to medical negligence committed by doctors while administering anaesthesia.

The patient (now deceased) claimed compensation of Rs. 18,00,000/- (Rupees Eighteen Lakhs only), against the faulty operation done by the Manipal hospital which resultantly developed hoarseness in his voice. However, the District Forum had suo moto arrived at a rough and ready figure of ₹5,00,000/- (Rupees Five lakhs only) payable as compensation to the appellant without furnishing any reasons for arriving at the said figure.

The amount awarded by the district forum to the patient was maintained by the National Consumer District Redressal Commission (“NCDRC”).

After finding that the District Forum has failed to take all the aforesaid aspects into consideration for arriving at a rightful compensation payable to the patient, the Bench Comprising Justices Hima Kohli and Ahsanuddin Amanullah directed the Hospital to pay compensation to the tune of Rs. 10 Lacs with interest, as against the compensation amounting to Rs. 5 Lacs awarded by the District forum.

“Given the aforesaid facts and circumstances of the case, we are of the opinion that the District Forum ought to have taken all the aforesaid aspects into consideration for arriving at a rightful compensation payable to the deceased which in the instant case, has not been done.”

It was alleged by the appellant patient (deceased) that the breach of duty committed by the Hospital administration while delegating a critical duty on a trainee anaesthetist led to the paralysis of the left vocal cord of the appellant patient due to the faulty insertion of the Double Lumen Tube in the course of administering anaesthesia to him for undergoing the surgery. The patient had developed hoarseness in his voice post-operation.

Further it was contended by the appellant patient that he was deprived of promotion in the job due to such ailment and continued to work on the same post from the year 2003 onwards without promotion till he expired at the end of the year 2015.

It was claimed by the respondent Hospital that the District Forum had erred in discarding the evidence of the doctors who stated that there was nothing wrong in giving anaesthesia through a double-lumen tube.

“Mere reliance on medical literature would not be sufficient to exonerate the Hospital from its duty of ensuring that the Head of the Department, Anaesthesia ought to have inserted the Double Lumen Tube. Instead, he was not available and the task was delegated to a trainee anaesthetist.” the court observed while disagreeing with the contention of the respondent Hospital.

Accordingly, the court directed that the compensation awarded by the District Forum be doubled from ₹5,00,000/- (Rupees Five lakhs only) to ₹10,00,000/- (Rupees Ten lakhs only) with simple interest calculated @ 10% per annum from the date of filing of the claim petition till the amount is paid, subject to the adjustment of the amounts already released in favour of the appellant patient.

Appeals were allowed accordingly.

Case Details: J. DOUGLAS LUIZ (SINCE DECEASED) THROUGH LEGAL REPRESENTATIVES VERSUS MANIPAL HOSPITAL | CIVIL APPEAL NO.1700 OF 2024

Citation : 2024 LiveLaw (SC) 134

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