The state consumer disputes redressal commission headed by justice Sham Sunder (retd) on Monday issued a show-cause notice to GMSH, Sector 16, on a contempt petition filed by a victim of its medical negligence.
The victim, Suman, lost her child in the womb due to wrong blood transfusion at GMSH, Sector 16, on December 16, 2010. Her kidneys were also affected severely in the process. Later, she was shifted to Post Graduate Institute of Medical Education and Research (PGIMER), where her kidneys were revived after a prolonged treatment.
The Chandigarh administration appointed an inquiry committee on the basis of whose report the consumer commission directed the hospital and its three doctors to pay Rs 4 lakh as compensation and Rs 50,000 as litigation cost.
The GMSH was also directed to bear the burden of Suman's treatment for life.
Pankaj Chandgothia, Suman's counsel contended, "Although the Sector 16 hospital was held vicariously liable for the fault of its employees, it has not paid the entire amount so far. It only paid a sum of Rs 1 lakh towards compensation and Rs 12,500 towards legal cost. The hospital took the stand that it was liable to pay only one-fourth of the amount and the rest was supposed to be paid by three guilty doctors."
Chandgothia said the GMSH and the doctors were jointly and severally liable to pay. Therefore, Suman was entitled for the entire amount from GMSH, which could recover it from its employees. Chandgothia pointed out that since the amount was not paid within 45 days of the order, the GMSH was also liable to pay 12% interest on the unpaid amount w.e.f. 21.1.2011, as per the orders.
{{/usCountry}}Chandgothia said the GMSH and the doctors were jointly and severally liable to pay. Therefore, Suman was entitled for the entire amount from GMSH, which could recover it from its employees. Chandgothia pointed out that since the amount was not paid within 45 days of the order, the GMSH was also liable to pay 12% interest on the unpaid amount w.e.f. 21.1.2011, as per the orders.
{{/usCountry}}Chandgothia informed the court that GMSH had also not filed any appeal against the orders and hence the judgment had become final and binding on them. The commission issued the contempt notice for July 22, 2013.