The Aryavarth Express
Agency (New Delhi): In a significant ruling, the Supreme Court of India has dismissed the appeal of Manipal Hospital, upholding the compensation awarded to the late J. Douglas Luiz’s legal representatives. The apex court doubled the compensation to ₹10,00,000, citing medical negligence during a lung surgery.
In 2006, Luiz underwent surgery for lung cancer at Manipal Hospital. Post-operation, he experienced persistent hoarseness, which doctors attributed to nerve damage during surgery. However, further medical opinions revealed that the hoarseness was due to improper intubation by a trainee anesthetist. The hospital was found liable for delegating critical duties to a trainee, leading to Luiz’s vocal cord paralysis.
Initially, the District Consumer Disputes Redressal Forum, Bangalore, had directed the hospital to pay ₹5,00,000 as compensation. This decision was affirmed by the Karnataka State Consumer Disputes Redressal Commission and later by the National Consumer Disputes Redressal Commission, New Delhi.
The Supreme Court observed that the compensation amount was arbitrarily decided without considering Luiz’s career setbacks due to his voice loss. He had been an Area Sales Manager and suffered career stagnation from 2003 until his demise in 2015, never receiving promotions or salary increases.
Acknowledging the irreversible impact on Luiz’s career and the procedural lapse by the hospital, the Court increased the compensation to ₹10,00,000, with 10% interest from the claim’s filing date until payment completion. The Court also ordered that the increased compensation be paid to Luiz’s widow within four weeks.
This judgment is significant as it emphasizes the healthcare providers’ accountability and the need for skilled and experienced medical professionals in critical roles. The case also highlights the legal system’s role in ensuring justice for victims of medical negligence.
