Agartala, December 09, 2024: In a landmark ruling, Apollo Hospital, Chennai, has been found guilty of medical negligence and ordered to pay compensation to Dulurani Saha, a resident of Tripura’s Badharajat Matrispalli, Agartala in West district. The case spanned over 16 years concluded with the District Consumer Disputes Redressal Commission, Thiruvallur, Chennai awarding Saha Rs. 10 lakh in compensation for mental anguish, financial crisis, pain and suffering, and medical negligence, along with Rs. 10,000 in litigation costs.

Saha was admitted to Apollo Hospital on January 11, 2007 for gall bladder surgery under the care of Surgeon T. Prithvi Raj. After the surgery on January 12, 2007, she was discharged on January 21, 2007 and returned to Agartala, having paid Rs. 76,930 for medical expenses.

However, on May 4, 2007, Saha began suffering from severe stomach pain and sought treatment from renowned surgeon B. Chowdhury in Agartala. When her condition did not improve, she was shifted to ILS Hospital in Kolkata, where Dr. Samaresh Banerjee performed another operation on November 19, 2007. During this procedure, a towel bearing the logo and number of Apollo Hospital was found inside her stomach.

“Finding the towel inside me was shocking. I suffered physical exhaustion and pain for an entire year due to this negligence,” Saha stated. She served a legal notice to Apollo Hospital on November 5, 2008, seeking appropriate compensation. After receiving no satisfactory response, she filed a case in the Consumer Disputes Redressal Court in Agartala in 2009 but had to withdraw it due to jurisdictional issues. The case was refilled in Chennai on January 5, 2010.

After a prolonged legal battle, the Consumer Protection Court ruled in her favor on May 21, 2024. The court ordered Apollo Hospital to pay the compensation within six weeks, failing which an additional interest of 9% per annum would be levied for late payment. The compensation amount has since been paid to Saha, who is now 80 years old.

Advocates Prashanta Kumar Pal, K. Elas G, Chamki Raj (Chennai), Mihir Kanti Roy and Subir Baidya represented Saha in the Consumer Protection Court. “This ruling is a significant victory for patient rights and holds healthcare providers accountable for their negligence,” said Advocate Pal.

The case highlighted the importance of medical diligence and the severe consequences of negligence in patient care.