Consumer Court Holds Doctor Liable
The Tamil Nadu State Consumer Disputes Redressal Commission (SCDRC) has directed a Chennai-based private doctor to pay ₹10 lakh as compensation to a patient after he was found negligent during a gallbladder removal surgery that partly damaged the bile duct.
Compensation and Costs Ordered
The Commission bench, headed by Justice R Subbiah, also ordered the doctor to pay ₹25,000 towards litigation costs within eight weeks, failing which the amount will carry 9% interest from the date of filing the complaint until realisation.
Case Background
The case dates back to April 2004, when the patient, diagnosed with Cholecystitis and Cholelithiasis, underwent a three-hour surgery at CM Hospital, Nanganallur. Post-surgery, the patient developed jaundice, severe complications, and was later found to have a partially removed bile duct.
Cover-up Allegations and Suffering
Media reports alleged that in an attempt to cover up the error, the doctor attached a cylindrical tube with a urinal bag outside the body, causing prolonged pain and humiliation. The patient eventually required a high-risk corrective surgery at CMC Vellore in October 2004.
Legal Battle and Commission’s Findings
The complainant sought ₹15.51 lakh in damages and ₹5 lakh for mental agony. While the Commission held the doctor guilty of medical negligence, it cleared CM Hospital of liability, citing insufficient evidence.
Final Order
The Commission concluded:
“Due to the conscious negligence and failure of the doctor to act diligently on the histopathology report, the complainant suffered unnecessary complications. Later diligence cannot erase the earlier negligence.”
Accordingly, the doctor has been held solely responsible and directed to compensate the patient.
