Court orders hospital and doctor to pay 14.5 million (1 crore 45 lakh) in compensation

Nepal Health News, Kathmandu – Following the death of a young girl due to alleged medical negligence, the Consumer Court has ordered Himal Hospital Pvt. Ltd., located in Kathmandu, and a doctor working at the hospital to pay compensation.

A joint bench of Judges Ram Prasad Sharma, Gehendra Raj Regmi, and Anand Raj Pokhrel of the Consumer Court issued the verdict on Thursday, holding the hospital and the doctor 70% and 30% responsible respectively, and ordering them to pay a total compensation of NPR 14.5 million (1 crore 45 lakh rupees).

According to the verdict, the hospital must pay NPR 10.18 million (1 crore 1 lakh 80 thousand), and pediatric specialist Dr. Jaydev Yadav must pay NPR 4.36 million (43 lakh 63 thousand).

The incident occurred on Magh 23, 2079 (February 6, 2023), when Ganga Gautam brought her 28-month-old daughter, Prashansa Gautam, to the hospital for treatment. According to the victim’s family, the child died due to negligence by the hospital. After the incident, the family staged a sit-in protest at the hospital for an extended period and later filed a complaint with the Nepal Medical Council.

Following an investigation, the Nepal Medical Council found negligence in Dr. Yadav’s treatment and issued only a warning. According to the Council, despite regular health check-ups, the doctor failed to conduct necessary tests when complications arose, did not take due care while transferring the patient, and failed to intubate her. As a result, the Council warned the doctor to be more cautious in the future.

Unsatisfied with the Council’s decision, the family pursued legal action and filed a case at the Kathmandu District Court. The case was later transferred to the Consumer Court after its establishment.

If any party is dissatisfied with the Consumer Court’s verdict, they have the legal right to appeal to the High Court in Kathmandu.