Treatment deficiency: City hosp to pay Rs 40 lakh to SL woman

CHENNAI: The Madras High Court had ordered a city-based private hospital to pay compensation of Rs 40 lakh to a Sri Lankan woman, who was allegedly treated for infertility but the manner in which she was treated had affected her health.

Justice G Chandrasekharan passed the orders on allowing a suit preferred by Flora Madiazagan, who resided in France and was a Sri Lankan.

“This court directs the defendants to pay jointly and severally a sum of Rs 40 lakh as compensation to the plaintiff with interest at the rate of 12% per annum from the date of plaint till the date of decree and at the rate of 6% per annum from the date of decree till the date of realisation,” the judge ordered GG hospital, Nungambakkam.

According to Flora, the defendants/doctors treated her in 2013 and concluded that the plaintiff has a fibroid in her uterus and adhesion in her abdomen. The doctors conducted a laparoscopic surgery to remove the fibroid and adhesion, but she had the breathing problem and abdomen pain even after surgery was completed.

She also accused the defendants of performing another open surgery without her consent. “The reason for the second surgery was that the faecal matter was coming through the hole in the abdomen. The colostomy bag was fixed outside to collect it. The defendants kept their fault under wrap,” submitted Flora.

When she was admitted to another private hospital, it came to the limelight that laparoscopic surgery had carelessly punctured and badly perforated the sigmoid colon. “Defendants had also removed the perforated area of sigmoid colon in a careless manner and connected the outlet of the bowel system through a hole in the abdomen with the bowel outside the body to collect the faeces, during the second surgery,” she added.

To cover up the issue, the private hospital had been ready to give Rs 5 lakh as compensation to the family of the victim, according to the counsel for the plaintiff.

Recording these submissions, the judge directed the hospital management to extend a compensation of Rs 40 lakh to the plaintiff.