Rajasthan: Lok Adalat Orders Rs 23.36 Lakh Compensation In Medical Negligence Case
The order was passed on August 24 by Presiding Officer Gambhir Singh along with members Yogesh Kumar Sharma and Rajnikant Sharma. Advocate Rajesh Pachauri said Bharatpur resident Lakshmi Sharma of Pushp Vatika Colony had visited Bhagwan Mahaveer Cancer Hospital in Jaipur in October 2022 with abdominal pain and other health issues.
She was advised to undergo diagnostic tests at another centre. When reports raised suspicion of cancer, treatment was reportedly started without a confirmatory test. Lakshmi subsequently underwent repeated rounds of chemotherapy, but her condition did not improve.
In January 2023, her family took her to Tata Memorial Hospital in Mumbai, where tests revealed she had tuberculosis rather than cancer. The diagnosis was confirmed at Shri Braj Seva Samiti Tuberculosis Hospital in Vrindavan. Her health improved after being placed on TB treatment.
The Lok Adalat observed that the incorrect diagnosis subjected Lakshmi to unnecessary and severe treatment, causing physical and mental suffering as well as financial loss. She had sought Rs 95 lakh in compensation, including Rs 15 lakh for medical expenses and Rs 80 lakh for mental, physical and financial losses, along with Rs 21,000 towards litigation costs.
The hospital and doctors denied negligence, stating only Rs 29,750 had been paid to the hospital. The court, however, awarded Rs 23,36,774, including Rs 20 lakh for mental anguish, physical suffering and financial loss, and Rs 3,36,774 towards medical expenses supported by bills. The larger medical‐expense claim was rejected due to insufficient documentary evidence.
The ruling brings relief to Lakshmi Sharma, who underwent chemotherapy for a disease she reportedly did not have and later recovered after correct diagnosis and treatment for tuberculosis.
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