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By: Sai Misimi (Junior Associate, RJM Law Office) | Under the Guidance of Adv. Rajasri Manche, Lead Counsel at RJM Law Office, Hyderabad
A young scholar from a marginalised section of society lost his life to medical negligence, but justice was delivered. Surya Pratap Bharati, a 30-year-old PhD scholar in English at the University of Hyderabad, was receiving a research fellowship of Rs. 35,000 per month and supporting his parents, who were illiterate daily-wage labourers. Despite their financial hardships, his family had given him the best possible education, hoping that he would liberate them from the clutches of poverty. His sudden death left them emotionally shattered and financially vulnerable. His friends, fellow students of HCU, came together to seek justice for him, while RJM Law Office, Hyderabad stood by them, providing pro bono legal representation throughout the litigation. The District Consumer Disputes Redressal Commission, Hyderabad, delivered legal redress to the family by awarding compensation of Rs. 1 crore, holding the opposite parties liable for medical negligence and deficiency in service and Rs. 50,000 towards the legal expenses.
Delay in Medical Treatment
Bharati suffered a massive brain stroke and died four days later, after the treatment that could potentially have saved his life was delayed. He was admitted to Citizens Hospital, where the doctors initially considered thrombolysis, a procedure used to dissolve a blood clot. However, it could only be administered within about four hours of the stroke. Since the medical team could not establish the exact time of the stroke from the patient’s friends, this option was ruled out. The hospital then identified thrombectomy, a procedure to remove the clot, as another possible treatment. This procedure had to be performed within a 6 to 24-hour window. However, the hospital took the position that the procedure required the prior consent of the patient’s family. The patient was from Uttar Pradesh, his parents could not be reached, and obtaining their consent within the limited treatment window was not possible.
Deterioration of Health condition
The patient’s condition deteriorated further while the hospital waited for his RT-PCR report. By the time the report was received, he was in a critical condition and required ventilator support. He was then transferred from Citizens Hospital to a COVID-designated hospital in such critical condition, where he died following further complications.
Landmark compensation awarded
The Commission emphasised that when a patient’s life is at risk and immediate intervention is necessary, doctors cannot allow procedural hurdles, such as difficulties in obtaining consent or waiting for an RT-PCR report, to stand in the way of necessary treatment. It observed that in a time-sensitive medical emergency, every delay can significantly affect a patient’s chances of survival. While determining the compensation, the Commission considered not only Bharati’s age, earning potential and future prospects, but also the contribution he could have made to his family. It also recognised the profound emotional trauma, grief and mental agony suffered by his parents following the loss of their son.
Need Expert Help with Medical Negligence Cases in Telangana?
RJM Law Office, led by Adv. Rajasri Manche, is dedicated to representing clients before the Consumer Commissions and State Commission regarding Medical Negligence and protecting rights of Consumers.
Contact RJM Law Office Hyderabad to schedule a professional consultation and protect your rights!
References:
https://www.siasat.com/hyderabad-hospital-doctor-to-pay-rs-1-cr-over-phd-scholars-death-3533546
https://www.siasat.com/hyderabad-hospital-doctor-to-pay-rs-1-cr-over-phd-scholars-death-3533546