The State Consumer Disputes Redressal Commission recently directed a private hospital, its gynaecologist and anaesthetist to pay Rs 43 lakh as compensation to a man for medical negligence and breach of duty while providing treatment to his pregnant wife.
The State Consumer Disputes Redressal Commission recently directed a private hospital, its gynaecologist and anaesthetist to pay Rs 43 lakh as compensation to a man for medical negligence and breach of duty while providing treatment to his pregnant wife. After giving birth to a stillborn baby, the patient died and alleging negligence against the hospital, the complainant approached the Consumer Court.
The opposite parties are held responsible for medical negligence in this case, we, therefore, fix total compensation of Rs.43,48,480/- (Rupees forty three lakhs forty eight thousand four hundred eighty only); reference is being made as per the multiplier method adopted by Sarla Verma Vrs. Delhi Transport Corporation & Anr. [(2009) 6 SCC 121) and National Insurance Company Limited Vrs. Pranay Sethi & Ors. [2017 SCC Online SC 1270] it may be followed in the instant case and the amount of compensation payable to the Complainants by the OPs are indicated herein below:
- (a) Compensation towards loss of income
- (one-third of loss of income x 15)
- (b) Compensation towards loss of love and affection
- (c) Compensation towards loss of estate
- (d) Compensation towards loss of consortium
- (e) Compensation towards funeral expenses (1) Compensation towards death of female baby child
- Rs.21,48,480/-
- Rs.50,000/- Rs.50,000/-
- Rs.50,000/- Rs.20,00,000/-
- Rs.50,000/-
- Total Rs.43,45,480/-
- (Rupees forty three lakhs forty eight thousand four hundred eighty only)
