New Delhi. The National Consumer Protection and Grievance Redressal Commission has given a decision to give compensation of one crore to two doctors of the national capital Delhi and the concerned hospital. This decision has now been approved by the Supreme Court as well. The doctors had operated on the left leg instead of the right leg. Now the doctors and the hospital will have to pay compensation of one crore ten lakh rupees.
The Supreme Court said that there is no deficiency or flaw in this order. In this, the hospital will pay 90 lakh rupees and the doctors who performed the operation and supervised it will pay ten lakh rupees each.
The court rejected the petition of the doctor Rahul Kakran
The bench of Justice Pamidighantam Sri Narasimha and Justice Manoj Mishra also rejected the petition of the convicted doctor Rahul Kakran, in which he had challenged the decision of the National Consumer Court and the petition of the victim Ravi Rai. Ravi Rai, who lives in Shalimar Bagh, fell from the stairs on June 19, 2016 and broke the bones of both his legs. After this, the patient was taken to Fortis Hospital, where a team of doctors led by Dr Rahul Kakaran examined him. The bone of the patient’s right leg was more fractured, while the left leg had a hairline fracture.
The doctors operated on the patient’s left leg on 21 June, but the next day Ravi’s family created a ruckus in the hospital and lodged an FIR against the hospital and Dr Rahul Kakaran and his junior doctors in Shalimar Bagh police station. After this, the family shifted Ravi to Max Hospital.
Ravi sent a legal notice to the hospital and demanded five crore rupees as damages and compensation with 18 percent interest. When the news of Ravi’s left leg being operated instead of the right leg came in the media, the Delhi Medical Council took suo motu cognizance and conducted an investigation and found the doctors at fault and cancelled their licenses.
The Medical Council of India also upheld the order of Delhi Medical Council dated 30 January 2017. After this, on 20 February 2017, Ravi filed a claim of Rs 4 crore 97 lakh compensation in the National Consumer Disputes Redressal Commission.
What is in the claim?
The details of this amount were given that Rs 5 lakh should be given as compensation for medical expenses, Rs 75 lakh for ruining the future, Rs 25 lakh for hindrance in marital happiness, Rs 1.5 crore for mental stress, fear of shortening the life span, Rs 35 lakh for lifelong assistant and driver, Rs 10 lakh for parents, Rs 35 lakh for loss in father’s business, Rs 25 lakh for mental torture to parents and Rs 75 lakh as punitive action on the culprits along with Rs 7 lakh as litigation expenses.
The National Consumer Protection Court ordered compensation of Rs 1 crore 10 lakh to be paid to Ravi on 24 June 2024. In this, Rs 90 lakh will have to be paid by the hospital and Rs 10 lakh each to Dr Rahul Kakaran and Dr Ashwini Maichand. The Supreme Court rejected the appeal of Dr Kakaran.
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