Kolkata Hospital Ordered to Pay Rs 26.5 Lakh for Botched Hysterectomy
The West Bengal State Consumer Disputes Redressal Commission has ordered Belle Vue Clinic in Kolkata and senior surgeon Dr. Niranjan Bhattacharya to jointly pay Rs 26.5 lakh in compensation and litigation costs to Chhanda Datta. This ruling concludes an eleven-year legal battle stemming from a hysterectomy performed on April 10, 2015, which allegedly resulted in a damaged ureter due to medical negligence. The commission highlighted that the patient endured significant discomfort and required multiple corrective surgeries, incurring substantial financial burdens. A key finding was the eight-day delay in conducting a CT scan or consulting a urologist post-operation, which constituted a clear disregard for surgical safeguards. Importantly, the bench ruled that hospitals cannot evade vicarious liability by claiming doctors are independent contractors or that the institution merely provided infrastructure. The decision reinforces the legal principle that medical institutions are responsible for the acts of their medical staff, regardless of employment status, ensuring patients receive restitution for both medical expenditures and the physical ordeal suffered.
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Kolkata Hospital Ordered to Pay Rs 26.5 Lakh for Botched Hysterectomy
The West Bengal State Consumer Disputes Redressal Commission has ordered Belle Vue Clinic in Kolkata and senior surgeon Dr. Niranjan Bhattacharya to jointly pay Rs 26.5 lakh in compensation and litigation costs to Chhanda Datta. This ruling concludes an eleven-year legal battle stemming from a hysterectomy performed on April 10, 2015, which allegedly resulted in a damaged ureter due to medical negligence. The commission highlighted that the patient endured significant discomfort and required multiple corrective surgeries, incurring substantial financial burdens. A key finding was the eight-day delay in conducting a CT scan or consulting a urologist post-operation, which constituted a clear disregard for surgical safeguards. Importantly, the bench ruled that hospitals cannot evade vicarious liability by claiming doctors are independent contractors or that the institution merely provided infrastructure. The decision reinforces the legal principle that medical institutions are responsible for the acts of their medical staff, regardless of employment status, ensuring patients receive restitution for both medical expenditures and the physical ordeal suffered.
The Indian Express