Damages awarded in negligence case

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Last month, the Supreme Court of India granted Prashanth Dhanaka and his parents Rs10 million (US$205,000), with interest, for the failure of his doctors to conduct the necessary pre-operative tests before surgery.

The large sum is highly significant since compensation awarded in medical negligence cases has generally been considered inadequate, with many lawyers arguing that India lacks a culture of awarding damages.

On 9 September 1990, the complainant, Dhanaka, who was 20 years old at the time, visited the Nizam Institute of Medical Sciences. After being examined by three doctors, he was admitted in October that year. An excision biopsy was performed by Dr PV Satyanarayana, a cardio thoracic surgeon. Immediately after the surgery, Dhanaka developed acute paraplegia with a complete loss of control over his lower limbs and other complications. He was discharged in May 1991, completely paralyzed.

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