October 9, 2024

Court of Justice: Kerala Family’s Decades-Long Battle for Accountability in Medical Negligence Case

The Kerala family’s battle against medical negligence at TAPS Hospital is the subject of this long-delayed justice case.
For the Kerala-based family of Haridasan and Chandrika Pillai, who had to wait an incredible 25 years to prove that their only son, Harish, had died tragically due to medical malpractice, the wheels of justice turned slowly. This moving story of tenacity and court cases took place against the backdrop of the Nuclear Power Corporation of India-run Tarapur Atomic Power Station Hospital (TAPS).

The story started on August 12, 1998, when a high fever forced Harish to be hospitalized to TAPS Hospital. The family had hoped for quick and efficient medical attention, but instead they had to endure a traumatic ordeal filled with misfortunes and accusations of hospital neglect.

Harish’s parents begged the hospital personnel to send him to the Bhabha Atomic Research Centre (BARC) in Trombay, Mumbai, for specialized care as his health worsened. Harish’s condition was getting worse, and they begged the doctors to make the referral right away, but they refused. Harish was finally referred to BARC Hospital on August 16, 1998, at which point medical professionals found that he had significant respiratory problems in addition to kidney failure. Sadly, it was too late, and soon after Harish was brought to Jaslok Hospital for additional care, he passed suddenly.

The Pillai family filed a lawsuit alleging negligence on the part of the hospital as a result of their suffering and sense of unfairness. Years of frustration followed as their requests for responsibility were ignored by numerous commissions and forums, leaving them without justice. The National Consumer Disputes Redressal Commission only handed down a historic ruling in the Pillai family’s favor following a protracted court struggle.
The Commission’s ruling clearly found the TAPS institution responsible for the medical superintendent’s collective negligence and ordered the institution to compensate the Pillai family with a sizeable sum of Rs 16 lakhs. Furthermore, the compensation sum was subject to a nine percent interest rate, which was determined from the date of Harish’s untimely death in 1998.

In addition to acknowledging the Pillai family’s protracted fight for justice, the Commission’s ruling emphasized how crucial patient care and accountability are to the healthcare system. The verdict acted as a sobering reminder of the repercussions of medical malpractice and the long-lasting effects it can have on people’s lives and the lives of their families.
The Pillai family argued during the court case that Harish’s declining health and eventual death were mostly caused by the hospital’s supposed carelessness and delayed reaction. However, the hospital angrily disputed any misconduct, pointing to regular protocols and the proper medical attention the patient had while there.

The hospital argued in its defense that regular treatment procedures were followed and that Harish was admitted with symptoms of a high-grade fever and bodily aches. They claimed that competent medical professionals treated Harish, carried out the required examinations, and made choices based on the information that was at hand. According to the hospital’s statement, Harish was referred to BARC Hospital due to severe medical indications, including acute renal failure and imminent septicemia.

The divergent accounts created a convoluted legal environment in which the case revolved around the burden of proof and the interpretation of medical procedures. The protracted legal dispute brought to light the difficulties families encounter when trying to hold medical professionals accountable in cases of suspected negligence. These difficulties include figuring out complex legal processes and proving a connection between medical acts and patient outcomes.

The experience of the Pillai family serves as a sobering reminder of the larger concerns pertaining to medical ethics, patient rights, and the requirement for open and accountable healthcare procedures. In addition to drawing attention to the duties and moral commitments of healthcare professionals, it emphasizes the significance of having strong procedures in place for handling complaints and guaranteeing compensation for victims of medical malpractice.

SOURCE:

FREE PRESS JOURNAL

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