[Bengia Ajum]
ITANAGAR, 26 Jun: In a landmark judgement, the National Consumer Disputes Redressal Commission, New Delhi, has directed the Guwahati Neurological Research Centre (GNRC) Hospital to pay Rs 20,00,000 as compensation to Takam James of Arunachal Pradesh for medical negligence.
The presiding member, Subhash Chandra, and member J Rajendra in their judgement directed the GNRC to pay the compensation within one month, and said that the hospital will be liable to pay simple interest @ 12% per annum in case of delay in making payment to the complainant.
Takam James, a resident of Nirjuli, had filed a case against GNRC Hospital with the National Consumer Disputes Redressal Commission, alleging negligence while undergoing medical treatment at the hospital. On 8 July, 2023, James had met with an accident while riding his motorbike in Nirjuli. He was rushed to the TRIHMS, Naharlagun for initial treatment and was subsequently referred to GNRC Hospital in Guwahati, where he was admitted on 8 July. His ordeal started from then, and due to medical negligence, he almost permanently lost his voice.
Following his recovery, he was discharged with a tracheostomy tube in place. Upon returning home, he began to experience severe discomfort, including extreme coughing and expulsion of food particles through the tracheostomy tube. After his condition worsened, he was referred to CMC Vellore for advanced care. At CMC Vellore it was revealed that the surgical intervention performed at GNRC Hospital had resulted in the severing of both the food pipe and the windpipe, leading to permanent damage to James’ vocal organs.
The two members, while delivering the judgement made scathing remarks on the functioning of the GNRC. “Most medical records from GNRC lacked the names, qualifications, and registration numbers of doctors. The name of the operating surgeon was never recorded, violating Medical Council of India (MCI) norms,” they noted. Further, they added, “Consent for operation, anaesthesia, and other medical services obtained from patients does not contain any detail as to who the doctor is who has given the information, explanations, options, and cautions to the patients. It also has no signature of any medical person on the consent form.”
While delivering the judgement, they noted that “negligence in providing medical treatment to the complainant is manifest in the form of compliance with obtaining informed consent, providing medical treatment of requisite standards, and providing necessary information, guidance, and support to the complainant.
“These failures on the part of the hospital resulted in adverse impact on the condition of the patient, who has been rendered with significant disability, and that he cannot speak normally and has a tube in his neck for the time to come,” they added.
Talking to this daily, Takam Tayam, elder brother of Takam James, expressed hope that this judgement would serve as an eye-opener for hospitals in Arunachal Pradesh and Assam. “My brother’s life almost got destroyed due to the medical negligence of GNRC. His father, Takam Xavier, spent more than what the consumer court has given as compensation for the treatment of James. The family went through emotional and financial trauma due to the negligence of the doctors of GNRC. This amount cannot compensate for everything, but I hope this judgement will make hospitals more responsible towards the patients,” said Tayam.
