September 14, 1984, was a black day in my life, the day I slipped into a coma during a routine knee surgery which turned awry due to medical negligence at the Apollo Hospitals, Chennai. It was only later that I learnt that I had suffered bradycardia, cyanosis, muscular atrophy, ataxia, hypoxia, cerebral ischemia, pulmonary oedema resulting in cerebral anoxia and brain damage due to a failure of oxygen supply to the brain. In a cruel twist of fate, the tragedy happened just 20 days after I got the prestigious Arjuna award. I didn’t know what to do next as many of my family members felt that taking action against a leading hospital would put me in danger of being isolated by the medical fraternity. All my efforts to convince the hospital to set right their wrong failed. I consulted my friend and lawyer who felt legal action was the only remedy, if at all. There were no consumer courts at the time and a civil suit of this nature would involve enormous court fees. Therefore, I had to bring down my claim on damages.
Recently, I saw a judgement where an NRI was given a huge amount as damages by the courts. The financial compensation may not really cover the extent of damage to the affected person, but it is a deterrent against such future negligence. My personal view is, if the negligence is proved, the punishment should be severe and apart from money, the doctor’s licence to practice should also be revoked. I’d like to congratulate the courts for taking such a bold step. I am also happy that in spite of protests from some medical practitioners’ groups, this western doctrine of awarding damages when there is negligence has come to stay in our country.
My case (No. CS 690/1985) was won on the basis of the Law of Torts, which is seldom used in India. The principle of res ipsa loquitur was invoked successfully in my case (although it is not commonly used in Indian courts of law). I continue to suffer from visual impairment, lack of proper coordination, balance and an inability to read small print. I continue to suffer from nystagmus (oscillation of the eyeball). In spite of extensive treatments in India and abroad, though there has been much improvement, chances of a complete recovery seem remote. However, I continue to do my best for society by following my passion of teaching children the game of table tennis.
I am grateful to all the lawyers and doctors who did stellar work to help me recover to this stage. I am also happy to state that on October 28, 2013, a bhoomi puja was performed on the land given to me by the government of Tamil Nadu to construct an international sports complex. I am hopeful that my cause will attract enough sponsorships and donations to help me complete my dream. In parting, I would also like to mention that the erring surgeon finally did apologise to me and my grandfather. But what good is it? As my grandfather’s reply to him succinctly put it, “Can any human being not feel sorry?”
V. Chandrasekaran is a former national table tennis champion; E-mail your columnist: gita19465 AT yahoo.co.in
