The Cuddalore District Consumer Disputes Redressal Commission has directed a private hospital in Cuddalore to pay a sum of ₹5 lakh as compensation for deficiency in service.
In his petition, the complainant D. Ganesh, 27, of Cuddalore said he developed complications in his left ear and was admitted to Kannan Hospital in Cuddalore. An ENT specialist after diagnosis found that the complainant was suffering from Cholesteatoma and a surgery was performed on September 6, 2020.
After the surgery, the complainant experienced prolonged pain along with hearing loss, and inability to close the eyes and mouth. Mr. Ganesh went for a review at Madras ENT Research Foundation where it was found that the complainant had developed Grade IV facial palsy, a neurological disorder. Following this the complainant underwent another surgery in Chennai on November 18, 2020.
Subsequently, the petitioner filed a complaint before the DCDRC in Cuddalore. The commission headed by president and Judge D. Gopinath held that though there is no conclusive evidence to demonstrate that surgery was negligently performed at Kannan Hospital, there is, however, sufficient evidence to show serious deficiency in the overall medical services.
The commission observed serious lapses in the informed consent procedures, lack of transparency in billings, and an overall lack of proper duty of care. It directed the hospital to pay ₹5 lakh in compensation for deficiency in service. Besides, a sum of ₹10,000 was also awarded by the forum to the complainant as legal expenses.
