Background of the Case

In December 2006, Shivram Prasad’s 27-year-old son had a fracture on his left leg and was admitted to Kamineni Hospital, where an orthopaedic surgeon named Dr. JVS Vidyasagar checked him.

It was claimed that the doctor rushed into surgery the next day without informing the patient. He did not even carefully check the patient’s condition before performing the operation.

As per the judgement, when the patient was admitted, there were clear signs of fat embolism, but it was ignored and left untreated. The surgeon should have been more careful and should have explained all the possible risks of performing the surgery called ILN (interlocking nail fixation surgery).

Additionally, the patient was not examined regularly by the doctors and nurses, even though he was suffering from pain. The treating doctor informed the patient’s father, Shivram Prasad, about the good recovery of his son after three days of the surgery. However, on December 12, the doctors informed Prasad that his son had died at 4 PM. Prasad claimed that even after requesting, the hospital did not give him the full medical record.

The doctor was charged with a fine worth Rs. 5 lakh, which was already paid. The Supreme Court also fined the hospital Rs 10 lakh, which Kamineni Hospitals had already deposited in a fixed deposit with the court.

As per an advocate, in such cases, the doctors, nurses and technicians and other employees of the hospital can be held responsible for their actions or mistakes while working at the hospital.

Therefore, a hospital can be held responsible even if it wasn’t directly at fault, as long as it had control over the services provided. This is done to make sure the hospital is accountable, as patients usually select hospitals based on their reputation.

How Can Affected Families Claim Compensation?

The families of patient affected by the medical carelessness can seek redressal by many ways, like filing a complaint in the consumer court under the Consumer Protection Act for compensation, or they can file a civil suit for the damages, or in severe cases where the patient died due to the medical negligence, the families can file a criminal complaint.

Additionally, affected families can also file a complaint with the State Medical Council or the National Medical Commission to take action against the medical professionals involved. Important evidence in these cases includes the patient’s full medical records, prescriptions, test reports, notes from surgeries or treatments, and discharge summaries.

Can Insurance Be Useful in Such Cases?

In a few cases, insurance can be helpful, especially due to medical negligence. Usually, hospitals carry professional indemnity insurance, which covers such claims. This means compensation can be paid to the victims or their families through the insurance company.

As per the Insurance Regulatory and Development Authority of India (IRDAI), life insurance policies do not exclude death caused by medical negligence. Such claims are settled based on the policy’s terms and the rules that apply to claim settlements.