Supreme Court rejects plea by doctors against compensation for deficiency in service

New Delhi: The Supreme Court has rejected a plea by a group of doctors to pay compensation to the family members of a woman who died due to deficiency in service, saying better care could have taken by them.

A bench of Justices Manoj Misra and Rajesh Bindal dismissed a plea by the doctors against the National Consumer Disputes Redressal Commission's order directing them to pay compensation to the family of the deceased Sheela Malviya.

The court also rejected an appeal by the complainant seeking further enhancement of the money.

"From the facts and on a perusal of the orders passed by the different forums, better care of the patient could have been taken but the fact remains that she did not survive. She was 51 years of age at the time of her death," the bench said.

The complainant contended that once the deficiency in service is proved, the compensation had to be assessed by applying the multiplier method. They also argued that deceased patient being a housewife, her notional income should have been taken for calculation of just and fair compensation. 

The doctors claimed that it was not a case of deficiency in service as they had provided best medical aid, advice and treatment as per the standard medical protocols but still the patient could not survive. The amount of compensation awarded to the complainant should be set aside as it will remain a scar on their professional career.

The bench, however, said, it is an admitted position that the Endoscopic Polypectomy procedure performed on the deceased patient was successful. It was after the procedure that the patient suffered cardiac arrest, which led her shifting to Dr Rajendra Banthia’s nursing home, and subsequently to Dr Gautam Darda’s hospital, where she eventually died. 

The court pointed out the National Commission awarded Rs 3,00,000 as jointly and several to be paid by Dr A H Memon, Dr M Arif Memon, Dr S Rathi and Dr Anil Jain towards medical expenses, loss of love and mental agony, Rs 50,000 each on Dr Chandrika Sahu and Dr Atul Tiwari for giving contradictory CT scan report, Rs 20,000 as cost upon them, besides refund of cost of treatment by Dr Banthia and Rs 50,000 by him for deficiency in service.

The bench said since the amount involved against the contesting doctors is minimal, no notice was issued it did not find any merit in the present special leave petitions.

The amount seems to be reasonable and justified, hence, deserves no further enhancement, the bench said.

"The value of human life cannot be assessed in monetary terms whatsoever is awarded is a matter of solace," the court noted.

A complaint was filed before the District Forum, Raipur Chhattisgarh on August 01, 2003, by D C Malviya, since deceased seeking compensation of Rs 14,00,000 on account of death of his wife due to medical negligence. 

She was initially admitted in the nursing home managed by Dr A H Memon for the treatment of Nasal Polyps. 

She suffered from cardiac arrest soon after completion of the procedure Endoscopic Polypectomy on August 17, 2001.

Since Memon’s hospital did not have ventilator facility, she was shifted to Dr Rajendra Banthia’s nursing home on the same day. The patient was given treatment for around 19 days at Banthia’s nursing home, however her condition remained critical. On September 06, 2001, she was shifted to Dr Gautam Darda’s hospital where the patient expired on September 07, 2001.

The complaint was accepted only qua Dr Banthia. He was directed to refund the entire treatment charges received by him to the tune of Rs 1,20,000. Additionally, Rs 50,000 was directed to be paid on account of deficiency of service and Rs 2,000 were awarded as legal expenses.

Both the sides filed appeals before the State Commission, which dismissed their plea on October 12, 2009.

As they approached the National Commission, which in addition to the relief already granted by the District Forum, directed other doctors also to pay the compensation.