Patna, Nov. 7: Gaya-based surgeon Dr Sudhir Mohan Kanth would have to pay Rs 4 lakh compensation to the kin of a patient who died because of his negligence. The Bihar State Consumer Disputes Redressal Commission issued the order.

Dr Kanth has to pay the amount to Ramadhar Singh, whose wife died allegedly because of his negligence, in two months. If the doctor fails to do so, he would have to pay 9 per cent interest.

The Bihar State Consumer Disputes Redressal Commission upheld a district forum’s order to the doctor to pay compensation for the medical negligence but it reduced the quantum of compensation by Rs 6 lakh.

A division bench comprising the commission’s president Justice Subash Chandra Jha and member Renu Sinha also asked Dr Kanth last month to pay Rs 2,000 to the complainant as litigation cost.

Dr Kanth can appeal before the National Consumer Disputes Redressal Commission.

The state commission’s order stated: “It is a well settled law that when there is apparent negligence in a case, which speaks for itself, no expert evidence or opinion is required. Even if the bona fide act is performed negligently by a skilled person, it amounts to deficiency in service. We agree to the view taken by the learned district forum that the appellant (doctor) was negligent in providing medical services to the patient.”

While reducing the compensation amount, the order stated: “Under consumer law, the compensation paid for medical negligence is neither a punishment nor a reward. But it is an assessment of compensation for the injury sustained or death.”

The doctor refused to comment on the issue, stating that it was a matter of the court.

Complainant Singh had approached Dr Kanth, a government practitioner, for treatment of his wife suffering from menorrhagia (prolonged menstrual bleeding) at his private clinic in Gaya on August 14, 2005.

The medic advised total abdominal hysterectomy and admitted the patient, Bacchan Devi, after going through her previous prescriptions. The patient was operated upon the same day at 12noon.

Bacchan Devi went in to a coma after the surgery. In spite of consultations and treatments by other doctors in Gaya and Patna, her condition did not improve. The patient was later referred to Dr K.K. Sinha of Ranchi. According to Dr Sinha’s report, the complainant came to the conclusion that Dr Kanth’s negligence was the reason behind the prolonged suffering of his wife.

Bacchan Devi died on October 20, 2010.

The complainant filed a case of medical negligence on December 1, 2006, in the Gaya district forum alleging that Dr Kanth had not conducted any pathological test and personally administered excess anaesthesia, causing damage to the patient’s brain and body to such an extent that she did not regain consciousness after the surgery. The complainant claimed Rs 15 lakh compensation for financial loss and mental agony, and Rs 10,000 as litigation cost. On July 11, 2007, the district forum ordered Dr Kanth to pay Rs 10 lakh as compensation.

The doctor then moved the Bihar State Consumer Disputes Redressal Commission.