District Consumer Commission, Chandigarh Holds Healing Hospital And Its Three Doctors Liable For Referring Patient In Critical Condition
The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh bench comprising of Amrinder Singh Sidhu, President and Brij Mohan Sharma, Member has held Healing Hospital and Institute of Paramedical Sciences and three doctors liable for medical negligence for referring patient in a critical and unstable condition. The Commission also awarded a compensation of Rs.50 Lakhs to...
The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh bench comprising of Amrinder Singh Sidhu, President and Brij Mohan Sharma, Member has held Healing Hospital and Institute of Paramedical Sciences and three doctors liable for medical negligence for referring patient in a critical and unstable condition. The Commission also awarded a compensation of Rs.50 Lakhs to the complainant.
Facts of the Case:
Complainant, a 45-year-old woman resident of Mohali, Punjab was admitted to the Healing Hospital on 25 November 2020 with a gastro-related problem (headache, vomiting, stomach ache and back pain) was recruited. During treatment, doctors inserted a cannula into his left arm. After this, the complaint of swelling and pain in the hand increased. On the night of November 28, the pain intensified, but the doctors limited it to light medicine and dressings, calling it normal. The next day, on November 29, the woman's hand became blue and numb. When the condition worsened, the doctors started the surgery but left it midway and referred the patient to PGI, Chandigarh. The family members alleged that they were not told the seriousness of the situation and the patient was sent by ambulance with an open wound. During treatment at PGI, four fingers of the woman's left hand had to be amputated and a certificate of 85% permanent disability was issued.
Contentions of the Complainant:
The complainant argued that due to the serious negligence of the hospital and the doctors, her fingers were cut off and disabled for life. She alleged that neither the cannula was removed at the right time nor the standard medical protocol was followed. She argued that the hospital left the operation midway and referred her with an open wound, which worsened her condition. The complainant sought a total compensation of ₹1.51 crore which included medical and travel expenses, cost of future bionic hands, medicines, pain and suffering and compensation for mental trauma.
Contentions of the Hospital and Doctors:
The allegations of medical negligence were specifically denied by the Opposite Party. The hospital and doctors termed the complaint as false and frivolous, stating that the patients were already suffering from infections, low haemoglobin and other health problems. They argued that there was no negligence in the placement and treatment of the cannula, the family was given complete information and the operation was started only after taking written consent. When severe symptoms appeared, it was necessary to send a higher centre to PGI.
Observation by The Commission:
Commission found that the patient was admitted to the hospital with gastro problems and his hand was completely healthy. Only after the cannula was inserted, signs of swelling, pain and color change appeared, which were ignored in time. The standard protocol required immediate cannula removal and proper examination, but this was not done. Abandonment of the operation by the hospital and referral with an open wound was considered to be serious negligence. The Commission also observed that the non-collection of ambulance and other bills by the hospital was indirectly tantamount to admitting its mistake. Disability certificates (85%) and photo evidence also proved negligence.
Commission has ordered the Healing Hospital and its doctors (OP No.1 to 4) ordered to pay a collective compensation of Rs 50 lakh. This amount will have to be paid by the complainant in 45 days. If not paid on time, 9% will be recovered with annual interest.