Doctor’s Negligence Causes Man 4 Fingers; To Receive Rs.20 Lakhs

A visiting doctor’s negligence has caused a young man his four fingers in his dominant hand.

Vimhans hospital in Delhi and a doctor have been ordered to pay Rs 20 lakh as compensation for medical negligence while treating a 12-year-old boy in 2001. The Delhi State Consumer Disputes Redressal Commission (SCDRC) has observed that Amresh Thakur was given an intra-arterial injection instead of ministered a phenargan injection intra-arterially instead of intravenously. Amresh’s condition worsened and he had to be taken to AIIMS where he was informed about the damage to most of his fingers of the right hand.

On May 6, he was taken to Indraprastha Apollo Hospital and on examination was found to have gangrenous changes in the fingers of his right hand and swelling of the forearm. Amresh was treated at Apollo and advised to undergo amputation. He was admitted in Vimhans and his four fingers were amputated on July 2. In his defence, the doctor argued that the boy’s father was employed in Vimhans as a technician and was well-versed with medicines and administering injections. The doctor claimed the father had given his son a tablet and an intravenous fluid before bringing him to hospital. Sinha also denied administering the injection negligently.

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As per the division of compensation by the Commission, the hospital is to pay 80% of the amount, while the doctor is to pay the rest. The commission said the botched injection led to gangrene and subsequent amputation, thus depriving the boy, who is now 29, of his “normal development”.

The hospital, on the other hand, said that the doctor was not its regular employee, a fact supported by himself. Therefore, the hospital argued that it was not vicariously liable for the medical negligence on the part of the doctor. The argument was, however, set aside by the commission.

Amresh is right-handed and the amputation not only obstructed his writing but also his playing and other abilities, making him incapable of taking care of his needs.  Amresh now has 29% permanent physical impairment in relation to the right upper limb, according to a medical certificate.