Compensation of 20 lakhs for medical neglegence
Mumbai: The Bombay High Court on Tuesday directed the Brihanmumbai Municipal Corporation (BMC) to pay a compensation of Rs20 lakh to a Ghatkopar resident, who lost his right hand fingers because of medical negligence by doctors of Rajawadi Hospital.
A division bench of Justice Abhay Oka and Justice KR Shriram, while allowing a petition filed by Umakant Mane and holding that there was negligence on part of doctors and nursing staff of the hospital, said: “There has been a breach of legal duty on the part of the respondents resulting in the petitioner losing the fingers of his right hand. In our view, due to this inaction on the part of the respondents, the fundamental rights of the petitioner is infringed.”
Mane was admitted to Rajawadi Hospital in 2002 as he was suffering from seizures; but according to his petition, due to negligence on the part of doctors and staff of the hospital, all the fingers of his right hand had to be amputated.
The court, after going through the medical records and affidavits filed by the municipal corporation, said: “In our view, the cause for the petitioner losing the fingers of his right hand is directly attributable to the gross and direct negligence on the part of doctors and nursing staff of Rajawadi Hospital run by the respondent-state. There has been gross negligence on the part of the respondents in performing their duties. The petitioner, therefore, is certainly entitled to compensation in the nature of exemplary damages from the respondents.”
Mane’s petition stated that since he was finding it difficult to get a job, he should be granted a compensation of Rs10 lakh by the BMC for his disability. He has also asked for a suitable employment. However, the corporation refused to accept their negligence and was not willing to grant the compensation or employment.
The court has now directed the BMC to deposit Rs20 lakh with the prothonotary, who would deposit it in the bank for five years in fixed deposit (FD). It said after the FD matures, an amount of Rs5 lakh be released to Mane and the rest reinvested up to the final amount is released to Mane, which will take around 20 years. The interest on the amount will also be given to him.
Source: DNAIndia
