Apollo Hospitals, Chennai pays compensation of Rs. 10 lakh to a Tripura lady for medical negligence

After 16 years of fight for justice and in a landmark judgement, the District Consumer Disputes Redressal Commission, Thiruvallur, Chennai has found Apollo Hospital, Chennai for medical negligence and ordered to pay compensation to one 80 years old lady of Agartala.

Giving details of the medical negligence case, advocate Prasanta Kumar Pal along with victim lady’s two daughters addressing a press conference at his chamber in Joynagar area of Agartala on Monday said that Apollo Hospital, Chennai, has been found guilty of medical negligence and ordered to pay compensation to Dulurani Saha (80), a resident of Tripura’s Badharghat Matripalli area of Agartala in West district.

Advocate Pal said that after long 16 years of trial with the District Consumer Disputes Redressal Commission, Thiruvallur, Chennai awarding Mrs Saha Rs. 10 lakh in compensation for mental anguish, financial crisis, pain and suffering, and medical negligence, along with Rs. 10,000 in litigation costs.

He said that Dulurani Saha was admitted to Apollo Hospital on January 11, 2007 for gallbladder surgery under the care of Surgeon T. Prithvi Raj. After the surgery on January 12, 2007, she was discharged on January 21, 2007 and returned to Agartala after paying Rs. 76,930 as medical expenditures.

On May 4, 2007, Mrs Saha complained of severe stomach pain and sought treatment from renowned surgeon Dr B S Chowdhury in Agartala. When her condition did not improve, she was shifted to ILS Hospital in Kolkata, where Dr Samaresh Banerjee performed another operation on November 19, 2007. During this procedure, a towel bearing the logo and number of Apollo Hospital was found inside her stomach.

She served a legal notice to Apollo Hospital on November 5, 2008, seeking appropriate compensation. After receiving no satisfactory response, she filed a case in the Consumer Disputes Redressal Court in Agartala in 2009 but had to withdraw it due to jurisdictional issues. The case was later submitted to the District Consumer Disputes Redressal Commission, Thiruvallur, Chennai on January 5, 2010.

After a prolonged legal battle, the Consumer Protection Court ruled in her favor on May 21, 2024. The court ordered Apollo Hospital to pay the compensation within six weeks, failing which an additional interest of 9% per annum would be levied for late payment. The compensation amount has since been paid to Mrs Saha, who is now 80 years old, said advocate Pal.

Advocates Prashanta Kumar Pal, K. Elas G, Chamki Raj (Chennai), Mihir Kanti Roy and Subir Baidya represented Saha in the Consumer Protection Court.

Expressing his satisfaction over the ruling of the court, advocate Pal said that it is a significant victory for patient rights and holds healthcare providers accountable for their negligence.