Udupi: Woman sues doctor for medical negligence in husband's death, wins


Pics: Umesh Marpalli
Daijiworld Media Network - Udupi (HB)

Udupi, Aug 7: A woman who sued a doctor for medical negligence following her husband's death in 2010 has won the case, said Latha C S Holla, an advocate from Mangaluru, in a press meet held on Friday August 7.

"Srilatha M Hedge, wife of the late Mahim Kumar Hegde, had sued Dr Y G Ashok Kumar for medical negligence in her husband’s death and has now won the case," Latha Holla said.


Mahim Hegde

Mahim was a resident of Herebettu and also president of JD(S) party, Udupi district.

Narrating the case history, Holla said that despite being a physician Dr Kumar had failed to identify the symptoms of cardiac disease and neglected Mahim's condition, which she said resulted in his death on June 10, 2010.

"Mahim was a regular patient of Dr Kumar and also a friend. He had been undergoing treatment since 2004 for several conditions such as blood pressure, diabetes, and fatigue. On June 8, 2010, Mahim complained of chest pain and sweating, and approached the doctor who gave him a prescription for 20 days and said that his condition was quite normal. The next night, he complained of severe chest pain along with some sensation in the stomach, vomiting, sweating, and giddiness," said Holla.

"On the morning of June 10, 2010, he consulted Dr Kumar again but was advised to approach Gandhi Hospital. After that, without conducting ECG, angiography, or any other tests, he was advised to go to Yenepoya Hospital in Mangaluru for treatment but it was too late by then. The hospital authorities declared him dead," she added.

The lawyer further added that Dr Kumar had completed his MBBS degree and thereafter MD in internal medicine from a recognized university but he had no certification as a cardiologist and nephrologist. "He displayed helplessness at the last minute. Only then did the deceased’s family know the truth about him. Srilatha complained in the Consumer Court and got a favorable verdict and justice was done," said Holla.

As per the court verdict, Dr Kumar has to pay a compensation of Rs 15,00,000 and Gandhi Hospital has to pay Rs 10,000 within the stipulated time, else they will have to pay an interest of 12 percent on the amount as well.

"Both Gandhi Hospital management and Dr Kumar have to also pay court expenses of Rs 5,000. After all these developments, he still calls himself ‘cardiologist and nephrologist’ and has hung a consulting board in front of his clinic near Kunjibettu. The family of Mahim wanted to create public awareness about such physicians, hence called this press meet," she added.

Mahim’s brother Shivprasad Hegde was also present at the press meet.

  

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Comment on this article

  • Ravi P, Hirebettu

    Sun, Aug 09 2015

    money is not a question But MAN !!!!
    "VAIDYA DEVO BAVA " Doctor has try to treat patient AS patient Not as customer Or as ASS

    DisAgree Agree [3] Reply Report Abuse

  • Sh, Dubai

    Sun, Aug 09 2015

    Nice to hear the court case is solved. Good job by lawyer. Normal thing in the court "the case postponed"

    DisAgree Agree [2] Reply Report Abuse

  • Rajesh Shetty, Udupi / New York

    Sun, Aug 09 2015

    I had faced similar situation like this. Several doctors in Udupi are running clinics just to make money. During the emergency condition, they push to their tie up hospital - Gandhi Hospital and make some more money. If death happens, no one takes responsibility and they know that the Indian court/justice will take years to get the results. Hats off to the team for suing and winning the case. Well done.

    DisAgree Agree [6] Reply Report Abuse

  • A. S. Mathew, U.S.A.

    Sun, Aug 09 2015

    Since the doctors are not doing charity treatment but charging for every test and visit, if they didn't do the job and have shown total negligence, they must pay the price.

    Now, as described the very plain symptoms of heart attack known even to the educated ordinary people, why with his MD, he couldn't identify that so easily like the chest pain along with sweating? He may be killing more people if not kicked out of medical profession.

    DisAgree Agree [4] Reply Report Abuse

  • Rajesh Shetty, Udupi / New York

    Sat, Aug 08 2015

    I had faced similar situation like this. Several doctors in Udupi are running clinics just to make money( Dr Okada,near MGM college). During the emergency condition, they push to their tie up hospital - Gandhhi Hospital and make some more money. If death happens, no one takes responsibilit and they know that the indian court/justice will take years to get the results. Hats off to the team for sueing and winning the case. Well done.

    DisAgree Agree [7] Reply Report Abuse

  • Kusuma Kumari Chitti, Nellore/Kodyadka

    Sat, Aug 08 2015

    Yes very good judgements Why did this cardiologists cum nephrlogist refer the patient to yenoppayya which is 65 klms away than Manipal which was just 5 kms away.???? A improtnat question to be pondered.

    DisAgree Agree [26] Reply Report Abuse

  • rahul shetty, udupi

    Sat, Aug 08 2015

    Unfortunate incident. But even if doctor had diagnosed in some cases death cannot be prevented. its god wish !

    having said that in Udupi/ manipal area many specialist doctors take private money like ( kick back ) to operate a serious case which is so bad for the doctor profession . please investigate such doctors specially manipal group of hospital and treat all human equal rather than money side ,

    our government also should improve the facility of our government hospail in ajarkad, rather than investing public money to improve teampls ( examaple - kaup hosa mari gudi) a good hospaital is key to any city

    DisAgree [2] Agree [12] Reply Report Abuse

  • William, Mangalore

    Sat, Aug 08 2015

    Congratulations to Latha Holla for doing justice to the bereaved family and fighting their case successfully.There are doctors who reap gold at the patients cost and there are also doctors who go out of their way to help.The compensation paid is peanuts.Let us hope better sense prevails and justice is given to the family.

    DisAgree Agree [8] Reply Report Abuse

  • vibha, mangalore

    Sat, Aug 08 2015

    Unfortunate incident. But even if doctor had diagnosed in some cases death cannot be prevented.
    Its become a habit for people to blame doctors. No doctor wants to kill a patient. !!
    Also, patient in India run to specialists for even trivial matters. may be we should have a system like UK where patient has to first visit his/ her GP and only on that doctors recommendation referred to higher centers.even a doctor cannot self medicate- he has to be under the care of GP.

    DisAgree [11] Agree [5] Reply Report Abuse

  • Roopak shetty, Udupi

    Wed, Dec 16 2015

    Ashok okude was Mahim kumar's GP and instead of suggesting Manipal just 2km away he suggested yenapoya

    DisAgree Agree Reply Report Abuse

  • asha, surathkal

    Sat, Aug 08 2015

    fine.

    now for anyone,anytime, any health issues, people will refer to supeeerr speciality consultants.

    for every patinet ecg,echo,angiogram,endoscopy will be done..

    believe me freinds, no super specility doctor can prevent death !

    by this health care will become more costly,more defensice practise will start, more people have to spend on more tests.....


    i believe, even if cardiologist treat, some patients will die......

    DisAgree [3] Agree [13] Reply Report Abuse

  • Rohan, Mangalore

    Sat, Aug 08 2015

    Its really unfortunate to hear the tragedy. Its a common practice by physicians who have a MD in internal medicine to put a board saying, 'cardiologist, diabetologist' especially in rural areas.I strongly object to this practice which amounts to fooling people especially as there are enough superspecialists available. The public must realize that superspecialists like cardiologist or nephrologists have DM or DNB in the superspeciality in addition to MD or MS (WHICH IS A MASTER DEGREE). Also people are often fooled intentionally or unintentionally by the people who have a PhD and put 'Dr' in front of their names and practice as counsellors. People think they are doctors! So my request to the people is please check the credentials and professional degrees of a doctor before you consult them. And the doctors have a duty to tell the patient what they are certified to do and what they are not.If you suspect in your patient an illness which doesnt fall under your speciality you must refer to other specialists if they are available. or atleast you must tell patient/relatives about your limitations.

    DisAgree Agree [11] Reply Report Abuse

  • PEDDU, MANGALURU

    Sat, Aug 08 2015

    EVEN YOU CANT DRINK COFFEE WITH SHEERA OUT OF 10000 RS. AMOUNT IN STANDARD HOTELS !!!

    DisAgree [4] Agree [14] Reply Report Abuse

  • juliana, udupi

    Sat, Aug 08 2015

    Death is the thief who is stealing life unawares nobody else can be blamed as per my theory. If there is any modification let me know so that I can prepare for the untimely death. Being a friend and Doctor how one can expect such a deadly thing from him is what I never understood. May his departed soul rest in eternal peace.

    DisAgree Agree [10] Reply Report Abuse

  • Sangeeta , kundapur/New York

    Sat, Aug 08 2015

    Finally there is justice for an miss-digsnosed death. There are so many untold patients death by reputed hospitals and Doctors. I wish there be capital punishment for such doctors.
    Well done lawyer for en-lighting such case.

    DisAgree [3] Agree [4] Reply Report Abuse

  • lukas, malpe

    Sat, Aug 08 2015

    only RS.15,000 compasation for 5 years of struggle in court,If its in Saudi it will be life term for doctor with compasation. but we compare indian justice system with other country only for rape but not for medical negligence

    DisAgree [7] Agree [10] Reply Report Abuse

  • Shankar, Mangalore

    Sat, Aug 08 2015

    It is 15 lakhs or 1.5 million rupees.

    DisAgree Agree [6] Reply Report Abuse

  • Charles D'Mello, Pangala

    Sat, Aug 08 2015

    May be M/s Latha has won the case but the Doctors only lost pea nuts, which can be earned in an hour....this is really tragedy of our India.....!!!???

    DisAgree [4] Agree [17] Reply Report Abuse

  • Rita, Germany

    Sat, Aug 08 2015

    when one hears such cases and the negligence of doctors ,should only have faith on Almighty above.Many times we hear such cases and this is very typical.I ask myself why did he not taken a simple ECG,or blood pressure could have showed his serious condition.Is he a real MBBS doctor?or certicate from Internet.further certificate we already heard.otherwise cant understand why when one has done MD.no certificate was available.And now this compansation is so a eye wascher ,it would not bring the Person back but a higher amount would atleast be for the Family a big help.When doctors commit mistakes in Treatment,normally a big amount is always paid.Hope now Family find peace in getting justice to a certain extent.

    DisAgree [2] Agree [2] Reply Report Abuse

  • Cyril, Managlore

    Fri, Aug 07 2015

    The sum of total amount received by the Hegde family is a cost of living expenses for one person for one month in Mangalore city.

    Justice is a mockery to the deceased family.

    DisAgree [2] Agree [4] Reply Report Abuse

  • luca dsilva, Udipi

    Fri, Aug 07 2015

    I Would like to confirm that the compensation given by the Consumer Court that Dr Kumar has to pay a compensation of Rs 15,000 and Gandhi Hospital has to pay Rs 10,000 or more.

    DisAgree [3] Agree [4] Reply Report Abuse


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