Fortis Hospital Mohali, Orthopaedic Surgeon, Anaesthetist cleared of Medical Negligence, Rs 15 lakh relief granted

The National Consumer Disputes Redressal Commission (NCDRC) recently exonerated Fortis Hospital, Mohali, from allegations of medical negligence while conducting total knee replacement surgery on a patient.

Even though the State Consumer Court, Punjab, had directed the hospital to pay Rs 15 lakh as compensation to the patient, the Apex consumer court noted that the complainant failed to provide any cogent evidence regarding the allegations of medical negligence.

"Relyhttps://youtu.be/hBqMR2BFya0?si=-hutkU5Lza2T5-mding on the principles laid down by the Hon’ble Supreme Court in the judgments quoted above, we are of the view that the complainant has failed to provide any cogent evidence as regards negligence of the hospital or the anaesthetist or the Orthopadic Surgeon in the course of the surgery or in the post operative care. Even the allegation that she was 100% paraplegic is not borne out from the record," noted the Commission.

In this regard, the NCDRC bench took note of the Supreme Court order in the case of PGIMER Chandigarh vs. Jaspal Singh, where it was held that in medical negligence actions, the burden was on the claimant to prove breach of duties, injury and causation.