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Yashoda Hospital fined Rs. 15 lakh for medical negligence

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Hyderabad: It is a case of medical negligence which led to the death of a
28-year-old woman. Taking cognisance of a complaint filed by the victim’s
parents, the District Consumer Disputes Redressal Forum II (DCDRFH-II) at
Hyderabad directed Yashoda Hospital and its medical administrator, and two of
its doctors to pay Rs. 15 lakh for acts of negligence.

DCDRFH-II
had taken up the case after Narasimha Rao and his wife Vyjanthimala approached
it with a petition stating that their daughter Suchita passed away due to
carelessness on the part of the doctors.

In
the petition, the couple said that the deceased was suffering from
neurofibromatosis since birth. She later began to suffer from dysphasia and
belching for which she was being treated by another doctor who practices at a
different place. When the problem aggravated, the complainants were advised to
take the victim to Yashoda Hospital for treatment.

It
was on 5th April, 2011 that the parents of the victim rushed
her to Yashoda Hospital at Raj Bhavan Road. Here, she was treated as an
outpatient. The doctor who saw her was Dr Ranganadam P who directed her to
undergo tests including blood test, CT scan of neck, and upper GI
endoscopy test for investigation and further treatment. On the next day, she
was taken for the CT scan.

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What
is important is that the radiologist in the report clearly stated that the
victim was suffering from displacement of the wind pipe and food pipe. Ignoring
this, Dr Ranganadam recommended endoscopy. The complainants and the victim
lodged their protest on grounds that this could complicate matters and
adversely affect the displaced wind and food pipes, but the doctor prevailed.
Soon after endoscopy, the victim fell unconscious and was on ventilator.

She
got discharged on 8th April, 2011 and was admitted in a
hospital in Gulbarga where she died the next day.

In
their submissions, the medical administrator and doctors disputed the claim
that the victim was suffering from belching. The opposite parties also said
that they had consulted with the radiologist and decided that the since she was
not able to swallow even small quantities of food, which could lead to
malnutrition, to go for the endoscopy. The victim’s family had consented to
this, they said. Utmost care was taken during endoscopy and rubbished the claim
of tracheal injury. They also said that there was an improvement in the
victim’s condition the next day.

DCDRFH-II President V Narasimha
Rao, and members .VT R Jawahar Babu and and R S Rajasree
perused the documents and heard arguments. They said that the doctors had
‘failed to anticipate adverse Pros and Consequences and they conducted the
procedure of Endoscopy, without considering the physical appearance i.e. Scoliosis
and Belching’, and that they had ‘failed to consider the radiology report’
before performing endoscopy.

The DCDRFH-II directed
New India Assurance, with whom the doctors are insured, to process the claim
and reimburse them.

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