Commission orders RIMS to pay ₹22.24 lakh compensation
Source: Chronicle News Service
Imphal, November 10 2024:
The State Consumer Dispute Redressal Commission has awarded a compensation of Rs 22,24,000 to the husband of the late Thokchom Ongbi Kheroda Devi, who passed away due to alleged medical negligence at Regional Institute of Medical Sciences (RIMS), Imphal, in 2016.The complaint, filed under Section 17 of the Consumer Protection Act, 1986, claimed compensation for the untimely death of Kheroda Devi, attributing it to deficiencies in medical services provided by the hospital staff.
The incident occurred on July 5, 2016, after Kheroda, who was 34 years old and pregnant, was admitted to RIMS Hospital.
Initially, she had visited the hospital in November 2015 for treatment due to nausea and loss of appetite.
Despite being prescribed medications and undergoing routine check-ups, her condition worsened in January 2016.On July 5, 2016, she delivered a healthy baby girl through normal delivery, but soon after, her health deteriorated due to excessive bleeding.
After hours of observation and blood transfusion, she was rushed to the operating theatre.
The family was then asked to sign a consent form for an emergency operation, despite being assured by the medical staff that she was in a stable condition before the delivery.
She passed away around 4:00 am the following day.
Following her death, widespread protests erupted, demanding inquiry into the incident.
An inquiry committee was constituted by the RIMS authorities, which concluded that there was negligence in the handling of the case.
According to the committee's report, medical staff failed to properly assess the gravity of her condition and delayed crucial interventions that could have potentially saved her life.
The committee found that communication lapses and inadequate supervision were key factors leading to the tragic outcome.
Despite the committee's findings of medical negligence, the complainant faced challenges in obtaining the full details of the inquiry report.
An application under the Right to Information (RTI) Act eventually led to release of the report, further corroborating the claim of medical negligence.
The Commission's judgment detailed the various aspects of the complaint, including the emotional distress, loss of income, and the physical suffering endured by the deceased due to the lack of proper medical care.
The complainant had argued that his wife, a teacher at a private school, had a potential income loss of Rs 20,22,408 from her salary over the next 27 years had she survived.
The complainant also submitted that she also earn a much bigger income through private tuition than her regular salary, and demanded a compensation of Rs 97,20,000.However, he failed to produce relevant documents to show proof of income from private tuition.
The Commission considered these factors, along with the lack of adequate treatment and care at RIMS, in determining the final compensation amount.
In addition to the compensation for loss of income, the court also awarded Rs 2,000 for medical expenses and Rs 1,00,000 each for pain and suffering and litigation costs.
The total compensation amount, Rs 22,24,400 (rounded), is to be paid by the hospital within three months, failing which interest at the rate of 9 per cent per annum will be applied.
The Commission also ordered that the amount be deposited with the Registry of the Commission, from where it will be released to the complainant.
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