Doctor fined 6.3 lakh for medical negligence

17 July, 2016

Surat: The Surat District Consumer Disputes Redressal Forum recently held a doctor guilty of medical and professional negligence and directed him to pay Rs4.8 lakh to the heir of the man who died in the hospital with 9% compound interest and Rs1.5 lakh to six relatives. 

The petition was filed by Rajeshkumar Taliya against Dr Pragnesh Shah, cardiologist at Mahavir Hospital, after his father Ishwar Taliya died at the hospital in 2008. The deceased Ishwar Taliya had visited Mahavir Hospital in 2008 for angiography on the advice of his family doctor. The operation which should have taken 25 minutes went on for around three hours and Taliya was declared dead later.

The angiography of the deceased was done despite the report showing his diabetes at 286mg level. Also, the time of death of the patient was falsely mentioned in the report. 

The doctor had taken professional indemnity insurance policy from IFFCO Tokio General Insurance Company Ltd. The standard rule of the policy is that the doctor was liable to submit the case to the company within 15 days of the patient's death due to negligence or other reason, but he did not do so.

However, the insurance company was joined in the case after the matter was remanded by the state commission, which was approximately five years after the incident. The consumer forum ruled that the doctor had violated the policy terms and condition by not intimating the company immediately and further not sending any of the court papers. The forum, however, exonerated the hospital and the insurance company and held the doctor responsible and asked him to pay the compensation to the heirs of the deceased. 


Advocate Darshan Shah, who appeared before the forum on behalf of the insurance company, said, "This could be a unique case of professional as well as medical negligence on the part of a senior learned doctor. When the state commission remanded the case to the forum, the doctor joined the insurance company in the matter."