60yr-old Jai Narayan awarded $12,500 for pain and suffering damages

A 60-year-old unemployed man of Omkar Road, Nasinu has been awarded damages and costs of $12,500 for pain and suffering.

High Court Judge Justice Lyone Seneviratne has ordered the Medical Superintendent of the CWM Hospital, the Permanent Secretary of Health and the Attorney General to pay the damages and costs to Jai Narayan.

Narayan had filed legal proceedings against the CWM Hospital and the Ministry of Health claiming damages for pain and suffering due to the negligence of the staff at the CWM Hospital on 19th March, 2013.

Narayan had told the court that a doctor at the hospital had administered him wrong medication and pronounced him dead.

Narayan had stated that he is allergic to penicillin however he was given the shot by the doctor at CWM.

In his judgement, Justice Seneviratne has stated that doctor has not discharged the duty of care expected of a doctor adding that he has failed to discharge the degree of responsibility of a doctor towards his patient.

The judge also said that Narayan's wife had informed the doctor to see the folder and ascertain whether Narayan was allergic to penicillin.

Justice Seneviratne says the doctor did not exercise reasonable skill and care towards Narayan.

In relation to Narayan's claim that the doctor had pronounced him dead and were taking him to the mortuary, Justice Seneviratne stated that the doctors tried to support Narayan's respiratory system when he went into an anaphylactic shock and Narayan started breathing again.

The judge says that if Narayan was pronounced dead by the doctor, they would not have done all these things including cardiac massage.