The State Dispute Redressal Commission had awarded ₹7 lakh as compensation to a patient’s family, holding the hospital and doctors negligent for his death.
NCDRC Presiding Officer Dr SM Kanitkar overturned the same but the hospital nevertheless expressed its willingness to pay the amount of ₹7 lakh already deposited with the State Commission.
The NCDRC accepted the same but said that the same should not be treated as a precedent.
“The learned Counsel for OPs on instructions from OP-1 made submissions that, on humanitarian grounds, the OP-1 on his own volition wishes to pay the amount of ₹7 lakh which has already been deposited in the State Commission. Therefore, the Registrar of the State Commission is directed to release Rs.7 lakhs along with the accrued interest to the Complainants within six weeks from today. It is made clear that, in any manner this shall not be construed as a precedent,” the order noted.
Pertinently, the NCDRC in its order held that every death of a patient cannot, on the face of it, be considered as death due to medical negligence, unless there is material on record to suggest so.
“It is pertinent to note that in the instant case after the surgery the doctors in the operation theatre have effectively managed the complications and done resuscitation,” said the NCDRC while setting aside the State Commission’s order.
Source: Barandbench
