Denying any relief to the Mumbai-based hospital, its Orthopaedician and Anaesthesiologist from the charges of medical negligence, the National Consumer Dispute Redressal Commission (NCDRC) has upheld more than Rs 12 lakh compensation to the family of a senior citizen patient, who did not regain consciousness due to excessive use of anaesthesia during surgery.
In its order, the top consumer court ruled that though negligence was attributable to the anaesthesiologist who passed away a few years ago, the hospital shall not be absolved from vicarious liability. Moreover, the orthopaedician, who was leading the procedure, has been directed to pay his share of the compensation as – “before proceeding to surgery, he was supposed to be careful to ascertain proper pre-anaesthetic check-up and fitness report,” stated the NCDRC.
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