The National Consumer Dispute Redressal Commission (NCDRC) has held Kothari Medical Centre, Kolkata negligent for the death of Dr. Arunima Sen during a ‘dilation and curettage with laparoscopic dye test’ procedure. Dr.Sen was 31 and was working with Dr B C Roy hospital when she died.
Dr.Arunima was suffering from polycystic ovarian disease along with a benign tumor of the uterus. At first she was reluctant to undergo the dye test. Later she agreed to undergo the test as per the advice of the doctors.While the procedure was near completion, she suffered cardiac arrest, her oxygen saturation and blood pressure level dropped and even though a cardiologist had given cardiac electrical stimulation, she died, according tothe submission of the hospital authority. The hospital informed the commission that during the procedure, when her condition became critical, she was attended by the emergency team in the OT and later shifted to the ICCU. In the ICCU she shifted massive cardiac arrest and despite all efforts by the doctors she did not survive. The center termed it as mishap and not medical negligence. The expert committee constituted by the West Bengal Medical Council also stated in their expert opinion that there was no medical negligence.
Arunima husband Somraj Sen alleged that the doctors in the center lacked skills and did not take proper precautions for her allergic reactions.Sen also alleged that the center created a false narrative by shifting Arunima to ICCU that treatment was going on though she had already passed away in the OT. Arunima’s husband Somraj Sen demanded Rs 50 crore compensation besides demanding punishment of the doctors.
The NCDRC’s order said: “There is no straight jacketed formula for the award of compensation, it is difficult to quantify the value of human life in monetary terms, but considering the facts and circumstances, to meet the ends of justice, lump sum compensation of Rs 1.25 crore appears to be just and adequate and hospital shall pay it within six weeks, failing which an interest at Rs 9% per annum is to be paid till its realisation .” Moreover, the hospital shall pay Rs 2 lakh as cost of litigation to Sen. It also asked the state to inspect if the hospital is following all statutory norms.
