Rs 25,000 Awarded as Litigation Cost
Kannur: The District Consumer Disputes Redressal Commission, Kannur, has directed a Kozhikode-based surgeon, a private hospital, and its parent company to pay Rs 3 lakh as compensation and medical expenses to a patient for gross medical negligence in the treatment of varicose veins. The opposite parties were also ordered to pay Rs 25,000 as litigation expenses.
Laser Surgery Led to Severe Burns and Infection
The case dates back to 2023 when the complainant, a barber by profession, underwent laser and open surgery for varicose veins on his right leg at Baby Memorial Hospital, Kozhikode. He alleged that soon after removing the bandage, blisters appeared in the area where the laser procedure was performed, causing severe pain and disability.
Patient Unable to Work After Surgery
Due to persistent pain and infection, the complainant was unable to stand or resume work. He later sought treatment at hospitals in Vadakara and local health centres, where blood tests revealed a dangerously high infection count. A subsequent medical opinion confirmed that the infection originated from the laser-treated area.
Doctor Admitted High-Risk Procedure: Court
The Commission noted that the treating doctor later admitted that the laser procedure was carried out despite knowing it involved high risk due to the vein’s proximity to the skin, which resulted in thermal burns.
Informed Consent Found Incomplete
The court observed that although informed consent was taken, possible complications were not mentioned in the consent form. The portion relating to risks and complications was left blank, indicating that the patient was not adequately informed before the procedure.
Open Surgery Could Have Been Opted: Expert Opinion
An expert surgeon examined the Doppler scan report and stated that although laser treatment was an acceptable method, open surgery was also possible, especially since the patient did not suffer complications in the open surgery area. The court held that the doctor could have avoided laser treatment considering the risks involved.
Hospital Held Vicariously Liable
Holding the doctor guilty of negligence, the Commission ruled that the hospital and its management were vicariously liable for the acts of the treating surgeon.
Compensation and Interest Ordered
The Commission directed the opposite parties to pay:
- Rs 1 lakh towards hospital expenses
- Rs 2 lakh as compensation for medical negligence
- Rs 25,000 as litigation expenses
Failure to comply within one month will attract 9% annual interest on the awarded amount until realization.
