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CDR Commission directs surgeon to pay Rs.1.75 lakh compensation for negligence in treating accident victim

Our Bureau, HyderabadWednesday, October 23, 2002, 08:00 Hrs  [IST]

The Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad, has directed an orthopaedic surgeon of Machilipatnam in Coastal Andhra, to pay compensation of Rs 1.75 lakh to a road accident victim who was forced to get his leg amputated because of the doctor's negligence. According to the victim, the doctor put a cast of plaster of paris (POP) on an open leg wound which led to the formation of gangrene. The victim, Dulipudi Srinivas, a tractor mechanic of Balaramunipet, in Krishna district, sustained injuries on his left leg in a road accident in 1995 and was treated by Dr Yogaligeswara Rao in Machilipatnam. According to the complaint filed before the commission, Dr Rao diagnosed the problem as "fracture of tibial plethora" with an open wound. Then he applied plaster of paris on the open wound. This led to swelling of the thigh and the knee along with multiple blisters and loss of sensation. Finally the leg had to be amputated. Though Srinivas claimed Rs 6 lakh as compensation for loss of earnings, Rs 1 lakh for causing mental agony and Rs 50,000 for treatment, the commission awarded Rs 1.5 lakh as compensation and fixed a 12 per cent interest per annum and allowed costs of complaint of Rs 5,000. The total amount which works out to Rs 1.75 lakh has to be paid in six weeks. Dr Rao, however, contended that he gave only first aid and advised Srinivas to go to a government hospital for further treatment. He denied having applied plaster of paris. The doctor pleaded that Srinivas instead of going to a government hospital came back with a swollen leg. Since the leg had developed gangrene due to the complainant's negligence, it had to be amputated. Justice P Ramakrishnam Raju, president, and C P Suresh, member of the commission, in their judgement found the doctor guilty of negligence resulting in the amputation of the victim's leg and directed Dr Rao to pay compensation and other charges.

 
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