Absence of Specialists not grounds for Medical Negligence: Court absolves Max Hospital, Overturns Rs 10 Lakh Compensation Order
Medical Negligence
Bhatinda: The National Consumer Disputes Redressal Commission (NCDRC) has overturned the Punjab State Consumer Disputes Redressal Commission's decision, which had earlier held Max Super Specialty Hospital, Bathinda, liable for medical negligence in the treatment of a patient suffering from multiple organ ailments.
Subhash Chandra, Presiding Member and Dr Sadhna Shankar, Member ruled in favour of the hospital, stating that no case of medical negligence was established. The Commission clarified that the patient was already under the care of a multi-disciplinary ICU team, and the absence of specific specialists does not imply improper treatment or a breach of medical duty.
The case involved the patient who was admitted to Max Super Specialty Hospital, Bathinda, on December 31, 2014, with symptoms of drowsiness, bradycardia (slow heart rate), and dyspnea (shortness of breath). She was placed under the care of Dr Sharad Gupta and a team of doctors. According to the complainant- her husband, the hospital failed to provide specialized treatment for her kidney and lung ailments, leading to a deterioration in her condition.
The onus of proving negligence has therefore not been discharged by the Respondent. In view of the clear position of law as per the Bolam Test and the principles laid down by the Hon’ble Supreme Court in Jacob Mathew, no case of medical negligence and deficiency in service is made out by the respondents, much less a case of res ipsa loquitur. The finding of the State Commission that“ For not giving treatment to kidney and lungs problem, had deteriorated the condition of the patient, which ultimately led to her death. Therefore, we are of the considered opinion that there is medical negligence or deficiency in service on the part of OP for not giving the treatment to kidney and lungs problem of the patient which deteriorated the condition of the patient and ultimate death of the patient” is not based on a complete appreciation of the facts on record which include intubation for oxygen and dialysis."
"The State Commission has clearly fallen into error while adjudicating the issue and has failed to appreciate the settled position of law on medical negligence with regard to the line of treatment which is adopted unless it is contrary to the standard protocol or the standard of care required. As per record, the line of treatment indicates that these issues were addressed by the hospital. No records from the subsequent hospitals which were approached by the patient/her attendants(Respondent) indicates that there was any diagnosis relating to incorrect treatment or improper diagnosis with regard to these ailments by the petitioner hospital. The only allegation of the Respondent in this case was that there was no treatment provided for the lung and kidney related ailments to the patient in view of there not being any specialists in the hospital in this discipline. We are not convinced that there was any cogent basis to conclude medical negligence on part of the Appellant hospital."
"The Appeal is, therefore, found to have merits and is accordingly allowed. The impugned order of the State Commission is set aside. However, there shall be no order as to costs."
The compensation order against Max Super Specialty Hospital was set aside, providing relief to the hospital.
To view the original order, click on the link below:
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