Skip to main content

Mumbai doctors to pay Rs 5 lakh for fatal injection

A consumer forum has directed a doctor and another surgeon who contributed to negligence to pay a compensation of Rs 5 lakh to the father of a man who was administered an injection for fever, which proved fatal.

Prabhakar Kudtudkar, a carpenter from Govandi, had complained to the Additional Mumbai District Consumer Disputes Redressal Commission in March 2008. His son Pravin noticed a heavy swelling on his buttock after Dr Kiran Gawade administered the injection on December 24, 2007. The doctor referred him to Dr Atul Chirmade of Khedekar's Diamond Nursing Home, Chembur. The father said that without the family's consent, Chirmade performed a surgery on Pravin, leading to complications. Chirmade then arranged for an ambulance without an oxygen cylinder and sought the patient's transfer to Sion Hospital. Pravin died on the way, prompting his father to register a police complaint and file a complaint with the forum.

Denying negligence, Gawade contended that a day after administering the injection, Pravin told her that he was unwell and went out in search of work. At noon, he felt unwell again and went to another doctor, who administered another injection. The surgeon said Pravin's post-mortem report showed the death had no connection with the treatment.

But the forum said Gawade had failed to prove that the patient took treatment from another doctor, who administered a second injection. The forum said Pravin had to lose his life as there was puss formation and gas gangrene due to the manner in which she had administered the injection. While explaining Chirmade's culpability, the forum said it did not fault the manner in which the surgery was performed. But it said that it failed to understand why Pravin was hurriedly shifted to Sion Hospital when he was under the shadow of death. "If the doctors wanted to shift him in such a critical condition, it was their bounding duty to provide sufficient safety measures like an oxygen cylinder and skilled doctor and nurses. The failure to do this leaves no doubt in our mind to conclude that the act amounts to medical negligence," it observed.

Article referred: http://timesofindia.indiatimes.com/city/mumbai/Mumbai-doctors-to-pay-Rs-5-lakh-for-fatal-injection/articleshow/39000655.cms

Comments

Most viewed this month

Appellate authorities under Special Statutes cannot be asked to condone delay

Madras High Court in R.Gowrishankar vs. The Commissioner of Service Tax has held that Appellate authorities cannot be asked to condone the delay, beyond the extended period of limitation A Division Bench comprising of Justices S. Manikumar and D. Krishnakumar, made this observation while considering an appeal filed against Single Bench order declining to set aside the order made in the condone delay petition filed by the petitioner to condone 223 days in filing the appeal before the Commissioner of Service Tax (Appeals). Article referred: http://www.livelaw.in/appellate-authorities-special-statutes-cannot-asked-condone-delay-beyond-extended-period-limitation-madras-hc/

'Seize assets to pay damages to accident victim'

Her story might be an inspiration for the physically challenged but justice has remained elusive for her. In 2008, a bus accident left research engineer S Thenmozhi, 30, paraplegic. In April 2013, the motor accident claims tribunal directed the Tamil Nadu State Transport Corporation (TNSTC) to provide her a compensation of 57.9 lakh. However, TNSTC refused to budge and on Tuesday a city court ordered attaching of movable assets of the transport corporation. Thenmozhi was employed in C-DOT, a telecom technology development centre in Bangalore. On July 21, 2008, she was coming to Chennai in a private bus. Around 2am, the bus had a flat tyre and the driver parked it on the left side of the road near Pallikonda in Vellore district on the Bangalore-Chennai highway. While the tyre was being changed, a TNSTC bus of Dharmapuri division hit the stationary bus. The rear part of the bus was smashed and passengers were injured. Thenmozhi who had a seat at the back of the bus suffered...

Mumbai ITAT rules income of offshore discretionary trust is subject to tax in India

The Mumbai Income Tax Appellate Tribunal (ITAT) has recently determined the following issue in the affirmative in the case of Manoj Dhupelia: Should the income of an offshore discretionary trust be subject to tax in India, if no distributions have been made to beneficiaries in India? The question arose from appeals filed by individual beneficiaries in relation to a Lichtenstein-based trust, the Ambrunova Trust and Merlyn Management SA (the Trust) with the ITAT. It is important to note that the individuals in this case were amongst those first identified by the Government of India (GOI) as holding undeclared bank accounts in Lichtenstein. The ITAT ruling raises the following issues: Taxation of Trust Corpus: ITAT classified the corpus of the trust as "undisclosed income" and declared it taxable in the hands of the beneficiaries. Taxation of Undistributed Income: ITAT refused to draw a distinction between the corpus and undistributed income from the trust and declared i...