Hospital told to pay Rs 1.5 cr for death of woman, unborn child

Thirteen years after Kapali Patne died with her unborn child just before a caesarean section, the National Consumer Disputes Redressal Commission (NCDRC) asked a city hospital to pay Rs 1.5 crore as compensation to her family for “medical negligence” and “deficiency”.

On April 16, 2010, Kapali (35) and her unborn child were declared dead at Santosh Hospital on Promenade Road in what became a widely-reported case of alleged medical negligence.

“In view of the peculiarity of this case, to meet the ends of justice, we allow the lumpsum compensation of Rs 1.6 crore to be just and adequate,” NCDRC said in its May 23 order.

While the hospital has been asked to cough up Rs 1.5 crore, the anaesthetist should pay Rs 10 lakh. The NCDRC has exonerated the obstetrician.

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When contacted, a senior staffer said that Santosh Hospital cannot comment as it is yet to receive the NCDRC order.

“Admittedly, the patient suffered certain complications and died subsequently within a short span of time. The complainants say that the patient died due to fall from the operation table which led to the fracture of the Sacro-Iliac joint leading to haemorrhagic shock and death. Per contra the opposite parties’ (OP) contention is that it was due to severe anaphylactic reaction to the anaesthetic drug sodium pentathol, which subsequently led to cardiac arrest and death,” the NCDRC said.

“However, we are not convinced with the submission of the OPs about the anaphylactic reaction. Why were there massive blood clots and intra-peritoneal bleed if it was an anaphylactic drug reaction? Such bleed could occur due to fall or any blunt trauma to the internal organs. We do not accept that anaphylactic reaction, by any stretch of imagination, will cause such traumatic haemorrhage (sic),” it said.

NCDRC noted, based on available medical records, that the OPs were trying to “establish” the anaphylaxis story. It further noted that OPs tried to destroy evidence.

‘Not above the law’

Kapali’s husband Parikshit Dalal described the NCDRC order as “very significant” because it shows “doctors are not above the law”.

But Dalal is not happy, especially with the exoneration of the obstetrician. “The judgement also demonstrates how little we value life in our country by awarding a paltry compensation,” Dalal said.

“The concept of imposing a penalty is to serve as a deterrent and ensure that medical professionals take due care and caution while treating their patients. This insignificant amount will, in fact, embolden the fraternity to think that even if they are found guilty, there is a very small price to pay to get over the situation,” he lamented.

The case is still under trial before the City Civil and Sessions Court in Bengaluru where 12 witnesses have been questioned so far.