Negligence during surgery was heavy, doctors will now have to pay Rs 18.70 lakh to the female patient

July 16, 2023 Gujarat Samachar

Vadodara: A consumer forum has directed a doctor to pay Rs 18.70 lakh to a woman patient who suffered a lifetime disability due to negligence in surgery. This is the first time in the history of Vadodara that the forum has ordered such a huge compensation to be paid in the medical field. Through this judgment, the forum has also put housewives in the category of an earning woman and fixed the compensation amount on the basis of that.

Despite shifting hospitals for 3 years, the woman patient's husband filed a case against Dr Shailesh Talati and Dr. Yogesh Shah.

Nehaben Shah, who lives in Vadodara, contacted Dr Shailesh Talati in Manjalpur in 2003 as she was suffering from severe bleeding during her period. At that time, Dr. Talati had given him medicines but advised the operation of fibrod uterine and abdominal hysterectomy without making any difference. According to the advice, Nehaben was operated upon in April 2004, but during the operation, nehaben's heartbeat had stopped, saying that the doctors shifted her to the ICU. During this time, Nehaben's health started deteriorating and even after three years of treatment in different hospitals, the situation did not improve. Meanwhile, two other specialist doctors told Nehaben's husband Samirbhai that Nehaben had suffered a heart attack during the operation itself and due to severe damage to the brain tissue due to lack of enough oxygen to the brain, Nehaben has now become a victim of permanent mental disability. This was shocking for Samirbhai Shah.

In 2007, Samir Shah had served a notice of negligence in treatment to Dr Shailesh Talati and anaesthetist Dr Yogesh Shah and the doctor had offered to settle for Rs 1 lakh. Finally, the matter reached the Vadodara Consumer Forum where doctors said that Neha Shah was treated according to the medical criteria and the surgery was done. The dose of anesthesia was also given in appropriate quantities. No medical negligence has been shown. However, the forum held the doctors guilty in the case and ordered them to pay a compensation of Rs 18.70 lakh to the patient Neha Shah and her husband.

Housewife who does housework is also a member contributing financially to the family

A housewife who does housework is also a financial contributor to the family family. The Supreme Court has concluded that even if she does not go out to do business or job, she contributes financially by saving the house and doing household work and on the basis of this, the Vadodara Consumer Forum has taken into account the financial contribution of Nehaben Shah as a housewife for the rest of her life, rs. 10 lakh, Rs. 5 lakh for permanent disability, Rs. 2 lakh (with 9 percent interest) of the cost of medicine and treatment. Cooks, nurses and physiotherapists spend Rs. A total compensation of Rs 18.70 lakh has been fixed for Nehaben and her husband Samirbhai, including Rs 25,000 each for mental agony and Rs 20,000 for legal expenses.

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