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2019 (1) TMI 1992 - SC - Indian LawsReversal of award of compensation awarded, together with interest - guilty of medical negligence in the treatment of the spouse of the Appellant which eventually led to her death - real bone of contention in the present case is not the decision which was taken by the doctors to place the patient on a regime of intravenous fluids which, for the purposes of the present appeals, the Court ought to proceed as being on the basis of an established protocol. HELD THAT:- The patient had a prior medical history which included catheter ablation and paroxysmal supra ventricular tachycardia suggestive of cardiac complications and thus fell in the group of patients that require in-hospital management (Group B) under WHO guidelines. The patient was evidently suffering from abdominal discomfort and hospital authorities were required to closely monitor her condition. In failing to do so in a timely manner, the Respondents were unable to meet the standard of reasonable care expected of medical services - The issue is not whether the patient had already entered a situation involving haemorrhagic fever or a dengue shock syndrome when she was admitted on the morning of 15 November 2009. The real charge of medical negligence stems from the failure of the hospital to regularly monitor the blood parameters of the patient during the course of the day. Had this been done, there can be no manner of doubt that the hospital would have been alive to a situation that there was a decline progressively in the patient's condition which eventually led to cardiac arrest. In the present case, the record which stares in the face of the adjudicating authority establishes that between 7.30 am and 7 pm, the critical parameters of the patient were not evaluated. The simple expedient of monitoring blood parameters was not undergone. This was in contravention of WHO guidelines as well as the guidelines prescribed by the Directorate of National Vector Borne Diseases Control Programme. It was the finding of the Medical Council of India that while treatment was administered to the patient according to these guidelines, the patient did not receive timely treatment - To say that the patient or her family would have resisted a blood test, as is urged by the Respondents, is merely a conjecture. Since no test was done, such an explanation cannot be accepted. That leads the Court to the question of damages. Finding the hospital and its Director guilty of medical negligence, the SCDRC directed compensation in the amount of Rs. 6 lakhs together with interest at 9 per cent - While quantifying the compensation, the SCDRC was in error in holding that since the son and daughter of the Appellant are "highly educated and working" and had not joined as complainants, the complainant himself would be entitled to receive compensation only in the amount of Rs. 6 lakhs. In computing compensation payable on the death of a home-maker spouse who is not employed, the Court must bear in mind that the contribution is significant and capable of being measured in monetary terms - the interests of justice would be met, if the amount of compensation is enhanced. The Appellant shall be entitled to receive an amount of Rs. 15 lakhs by way of compensation from the first Respondent - The compensation, as awarded, shall carry interest at the rate of 9 per cent per annum from the date of the institution of the complaint before the SCDRC until payment or realisation. Payment should be effected within two months. Appeal allowed.
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