LI Network
Published on: November 16, 2023 at 19:00 IST
The National Consumer Disputes Redressal Commission (NCDRC) has recently affirmed a decision to grant compensation of ₹13.77 lakh to a woman who found nuts and bolts inside her body 12 years after undergoing surgery at a clinic in Pondicherry [Clinic Nallam & Anr v. Helen Victoria & Anr].
NCDRC Presiding Member Sudip Ahluwalia and Member J Rajendra upheld the State Commission’s decision, asserting that the woman deserved appropriate compensation due to the distress and suffering caused by the clinic’s deficiency and negligence.
The Commission acknowledged the woman’s unbearable pain, suffering, and hardship, along with the financial loss incurred during the 12-year period. Although she did not provide specific documents regarding financial losses, the NCDRC deemed it necessary to offer suitable compensation.
After her surgery in 1991, the complainant experienced health issues such as dizziness, shivering, chronic headaches, stomach aches, and urinary tract infections. Despite consulting various doctors and undergoing different treatments, her condition did not improve, and the foreign objects left inside her remained unidentified.
During another surgery in 2003, it was discovered that a nut and a bolt were left inside her during the previous operation.
Alleging negligence on the part of the clinic, the complainant sought compensation, leading to a State Commission order directing the clinic to pay ₹13.77 lakh for medical treatment, engagement of a household servant maid, unbearable pain, loss of normal life, and care of the children.
The clinic appealed this decision to the NCDRC, arguing that the complaint was time-barred and that legal action should have been taken earlier.
The NCDRC rejected this contention, noting that in 1997, the complainant sought medical help and underwent a kidney X-ray, which revealed a “butterfly-shaped object.” However, the doctor did not provide appropriate guidance, leaving the complainant uninformed about the presence of foreign objects. The NCDRC found that the existence of foreign bodies inside the complainant’s body was conclusively established in 2003.
Refusing to interfere with the State Commission’s order, the NCDRC upheld the compensation of ₹13.77 lakh.
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