The State Consumer Disputes Redressal Commission (SCDRC), Mohali, has ordered Max Super Speciality Hospital and one of its physicians to pay a man for medical negligence that he suffered when his elderly mother was treated in 2020, for a sum of Rs 8 lakh.
The complainant claims that the patient and her family suffered as a result of the hospital's incorrect COVID-positive report. Before now, the hospital's Head of Microbiology department was ordered by the District Commission to reimburse Rs 5 lakh. However, the compensation was enhanced to Rs 8 lakh by the State Commission.
The complaint's mother had a fracture to her femur in her right leg after falling in 2020, as revealed by X-ray data. This is how the case began. After that, the senior specialist physician was not available at the treatment hospital where the patient was brought. A different physician saw the patient and, after reviewing the report, concluded that surgery was necessary, possibly requiring six days.
The patient was allegedly admitted, and another doctor used a 4 kg water weight to traction her right leg because the treating physician had not shown up. As a result of the junior doctor's neglect of the patient, the complainant claimed that the specialist doctor committed professional misconduct by failing to perform his duties of diagnosis, counsel, and treatment as required.
It could have saved time, the complainant claimed, if the hospital had sent the patient's COVID-19 sample to PGI, Chandigarh. However, the patient tested positive for COVID-19 when the hospital administration sent the sample to Max Hospital in Delhi for testing.
The complaint also stated that a second sample of the patient was sent to PGI, Chandigarh, following a conversation with hospital doctors, and the results indicated that the complainants tested negative for COVID-19.
The complaint said that despite his repeated requests, he was instructed to leave the private room rather than having the patient moved to PGI, Chandigarh. The complainants received their results from PGI on May 29, 2020, and it was said that all of them were negative.
In reference to this, the complainant contended that they, together with the patient, were all subjected to trauma as a result of the incorrect report, and that they were detained illegally.
The complainant brought up this point, claiming that the incorrect report caused trauma for everyone involved, including the patient, and that even they were detained illegally. After the patient's mother was released from the treatment facility and all outstanding debts were paid, the complainant took his mother home.
According to the complainant, the patient passed away on June 3, 2020, while receiving a high dose of medication. She was brought home on May 31, 2020. The patient was fine, he claimed, until May 27, 2020, when her leg broke. However, after she was admitted to the treating hospital, nothing seemed to be wrong; upon admission, she did not have a fever, cough, cold, or other symptoms. The complainant further claimed that neither the hospital nor the doctor had given the patient the right care or a correct COVID report.
Conversely, the treating hospital and the physician refuted any allegations of medical negligence, inadequate treatment, or unfair trade practices.
The District Commission had already ordered payment of Rs 5 lakh against the treating facility and its physician while taking the case under consideration. But the complaint went to the State Commission to request an increase in compensation, contesting the District Commission's decision.
The SCDRC in Chandigarh observed that the patient's family members were negatively impacted by the circumstances.
In light of the pain and suffering endured by the complainants as a result of the hospital's and its doctors' aforementioned service deficiencies, the State Commission noted that the compensation granted by the District Commission appeared to be "inadequate and on the lower side, which needs to be enhanced suitably."
As a result, the State Commission raised the award sum and ordered the hospital's Head of Microbiology Department to give the complainants Rs 8 lakh in compensation. Of this Rs 8 lakh, the hospital was supposed to pay Rs 7.5 lakh and the doctor Rs 50,000.
The Commission directed the doctor and the hospital "to pay lump sum amount of ₹8 Lakhs to the complainants, out of which, ₹7,50,000/- shall be paid by opposite parties No.1 to 3 and the remaining ₹50,000/- shall be paid by opposite party No.5, as compensation on account of the medical negligence as well as for the mental and physical pain and trauma suffered by the complainants and the amount spent by them on treatment of the patient; (ii) to pay ₹10,000/- to the complainants as costs of litigation."
(Input from various sources)
(Rehash/Priyanka Pandey/MSM)
