T RAMESH KUMAR REDDY Vs. MANIPAL HOSPITAL

JUDGEMENT

(1.) ALMOST every day we are coming across cases of medical negligence where patient approaches a Doctor for an ailment, the Doctor diagnoses the disease and suggests for particular surgery, the patient gives consent for surgery and the Doctor conducts the surgery. But while doing surgery, if the Doctor causes damage to some other part of the body it may lead to further complications. Thereafter, when the patient approaches the Doctor, the Doctor suggests for a corrective surgery but the Doctor would not be inclined to do the corrective surgery free of cost. Consequently, the patient approaches some other Doctor and undergoes corrective surgery and thereafter approaches the Forums for compensation. Naturally, if the negligence is established, the Forums award compensation. All this could be avoided if the Doctor who conducts the first operation does not give room for negligence. In case there is failure of first operation, in principle the Doctor should conduct the corrective operation free of cost. We have also come across cases where Hospitals introduce package scheme for particular treatment. But after the treatment, the Hospitals charge over and above the fee fixed under package scheme on the ground that some extra treatment was provided to the patient or the patient was kept in the Intensive Care Unit for some complications. Charging fee over and above the fee fixed under the package scheme will defeat the very purpose of introducing package scheme. The case on hand comes under the first category.

(2.) THE Complainant has filed this complaint for a direction to the opposite parties (for short, "O.Ps.") to pay Rs. 45,00,000 as compensation alleging negligence against the O.Ps. with costs.

(3.) THE facts in this case are as follows: