Monday, April 13

A major ruling on medical negligence has emerged from Chennai, where the District Consumer Disputes Redressal Commission (DCDRC), North, held two prominent healthcare institutions guilty of deficiency in service and directed them to pay ₹7 lakh compensation to a city resident.


Consumer Court Finds Clear Negligence in Dental Procedure

The bench of the District Consumer Disputes Redressal Commission Chennai North, led by President D. Gopinath along with members Kavitha Kannan and TR Sivakumar, concluded that the patient was subjected to clear medical negligence.

The case involved Saveetha Dental College Hospital and Saveetha Medical College Hospital, both of which failed to counter the allegations and were set ex parte by the Commission.


Foreign Object Entered Patient’s Body During Root Canal

The incident dates back to August 2025, when the complainant’s husband underwent a root canal procedure. During the treatment, a sharp dental instrument allegedly slipped into the patient’s digestive tract due to failure in following standard safety protocols, including the non-use of a rubber dam.

The Commission observed that evidence clearly established that a foreign object entered the patient’s body during the procedure—an occurrence that strongly indicates negligence.


Lack of Consent in Follow-Up Endoscopic Procedure

The court also found serious lapses in the subsequent treatment. An endoscopic procedure performed at the second hospital was carried out without obtaining valid informed consent or ensuring adequate preparation.

This was deemed a violation of patient rights and a significant deficiency in medical service under the Consumer Protection Act 2019.


‘Res Ipsa Loquitur’ Applied by Commission

Invoking the legal doctrine of Res Ipsa Loquitur, the Commission ruled that the nature of the incident itself was sufficient to establish negligence.

The bench noted that the hospitals failed to prove due care, while the complainant’s version remained unchallenged and credible.


₹7 Lakh Compensation and Additional Directions

The Commission ordered both hospitals to jointly pay:

  • ₹5 lakh as compensation for medical negligence
  • ₹2 lakh as punitive damages
  • ₹10,000 towards litigation costs

Additionally, the hospitals have been directed to provide complete medical records, including consent forms and procedural details, within 45 days.

Failure to comply within 60 days will result in a 9% annual interest on the compensation amount from the date of filing the complaint.


Patient Suffered Trauma, Financial Loss

The ruling also acknowledged the continued medical complications, mental trauma, and financial burden faced by the patient. The Commission criticized the hospitals for failing to provide complete medical records despite repeated requests.

This judgment reinforces accountability in healthcare and highlights the importance of patient safety, informed consent, and adherence to standard medical protocols.

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