‘No criminal intent, settle indemnity claim of doctor’

Suresh Kumar Monga, who was suffering from haemorrhoids (piles) went to Monika Hospital run by Dr Vipul Rai, and was hospitalized on October 15, 2006. Dr Rai tied a thread to the haemorrhoids and cut them with an instrument, which resulted in severe bleeding. Though Monga was vomitting and had developed breathing difficulty, he was discharged on October 22.
Monga was moved to a hospital in New Delhi, where he died on November 2, 2006.The cost of the hospitalizations was about Rs 5.5 lakh. Suresh’s widow and three children filed a consumer complaint against Dr Rai alleging he was neither competent nor qualified to perform the surgery.
Rai stated he was a BAMS qualified doctor registered under the Ayurvedic and Unani Medical Council of Haryana. He claimed he had followed the ‘kshar sutra’ procedure, and had cured Monga.
The Sirsa District Forum held Rai liable to pay Rs 6,22,000 compensation along with 6% interest, besides Rs 15,000 for harassment and mental tension, and Rs 3,000 legal costs. Since Rai had a professional indemnity insurance policy from New India Assurance, the Forum held the insurer jointly liable. Rai as well as New India challenged the order. When their appeals were dismissed by the Haryana State Commission, they approached the National Commission.
The National Commission observed the doctor did not have any criminal intent, and was held guilty of negligence, so the insurer would be liable to pay the claim. By its order of January 3, 2020, it upheld the liability imposed on the doctor and the insurer.
(The author is a consumer activist and has won the Government of India’s National Youth Award for Consumer Protection. His email is jehangir.gai.columnist@outlook.in)