SC Makes Shimla Hospital, Doctors Pay For Insensitivity

NEW DELHI, 8 MARCH 2019: The Supreme Court on Thursday granted an additional Rs 10 lakh in compensation to a poor woman from the hills in a medical negligence case on finding that when she was writhing in pain, doctors at a Shimla hospital insensitively chided her by saying “people from hilly areas make unnecessary noise”.

Due to medical negligence at Ripon Hospital, Shimla, the woman’s right arm had to be amputated. The National Consumer Disputes Redressal Commission awarded her Rs 2 lakh compensation in addition to Rs 2.93 lakh ex-gratia granted by the state consumer forum. She appealed in the SC and sought more compensation.

A bench of Justices A M Sapre and Dinesh Maheshwari acceded to her request and said the approach in awarding compensation should not be restrictive when the victim comes from a poor and rural background, rather in a case like this, it should be reasonably higher.

Writing the judgment, Justice Maheshwari said, “Grant of reasonably higher amount of compensation in the present case appears necessary to serve dual purposes: one, to provide some succour and support to the appellant against the hardship and disadvantage due to amputation of right arm; and second, to send the message to professionals that their responsiveness and diligence has to be equi-balanced for all their consumers and all human beings deserve to be treated with equal respect and sensitivity.

“We are impelled to make these observations in the context of an uncomfortable fact indicated on record that when the appellant was writhing in pain, she was not immediately attended to and was snubbed with the retort that ‘people from hilly areas make unnecessary noise’. Such remarks, obviously, added insult to the injury and were least expected of the professionals on public duties.

“When the appellant is shown to be a poor lady from rural background, her contribution in ensuring the family making both ends meet also deserves due consideration. With her disablement and reduced contribution, the amount of compensation ought to be of such level as to provide relief in reasonable monetary terms to the appellant and to her family.”

Justice Maheshwari further said, “We are of the view that the appellant deserves to be allowed further an amount of Rs 10 lakh towards compensation, over and above the amount awarded by the state commission and the national commission. Having regard to the quantum of enhancement being allowed herein, it is also considered proper to grant three months’ time to the respondents (hospital and doctors) to make the requisite payment and else, to bear the burden of interest.”ET Healthworld