COVID-19 Patient treated by homeopathy doctor, given 8 Remdesivir injections: Consumer Court slaps Rs 12.5 lakh compensation on MP hospital

Shivpuri: Holding Birla Institute of Medical Research (BIMR) Hospital guilty of medical negligence while providing treatment to a COVID-19 patient, who ultimately died, the District Consumer Disputes Redressal Commission at Shivpuri has directed the hospital to pay around Rs 12.5 lakh compensation.

The District Commission took such a decision after finding that the hospital was deficient in its conduct while treating the patient. Further, the consumer court noted that there was malpractice on the part of the hospital, which had employed a homeopathic doctor in an allopathic institution.

As per the recent order, passed by the consumer court bench of Gaurishankar Dubey, Rajeev Krishna Sharma and Anju Gupta, the hospital has been told to pay Rs 11,77,560 along with an interest of 9% per annum and another Rs 50,000 for causing mental agony to the complainant, a former judge, who lost his wife. Another Rs 10,000 needs to be paid by the hospital as the cost of litigation.

The matter goes back to 2021 when the wife of the complainant, a retired district judge and a present Chairman of DCDRC Gwalior, had been taken to the BIMR Hospital for treatment of COVID-19.

However, referring to the treatment papers of the patient, who died due to COVID-19 related complications, the complainant claimed that the hospital was negligent in providing treatment to his wife. Therefore, approaching the consumer forum, the complainant prayed for relief.

It was contended by the counsel for the complainant that the treatment documents refer to the fact that the patient was diagnosed with COVID-19 on the basis of a high-resolution computed tomography (HRCT) scan. However, it was alleged by the complainant that no RT-PCR test had been conducted for determining of the patient was actually positive or not.

Further, the complainant alleged that the patient had been given medicines, which had not been prescribed by the doctor. Referring to the treatment records, the counsel for the petitioner argued that the late patient had been billed for eight Remdesivir injections. Therefore, the records suggest that the patient had been given eight injections. The complainant's counsel argued that the government guidelines make it mandatory for prescribing a maximum number of six injections to a person.

Taking note of this, the Commission opined that the hospital was deficient in its conduct while treating the patient and ultimately the patient died because of the negligence of the institution.

Referring to the argument that the patient had been treated by a homeopathy doctor, the Commission observed that there was malpractice on the part of the hospital for employing a homeopathic doctor in an allopathic institute.

Although the hospital referred to the Supreme Court's order and demanded setting up a judicial body for giving its opinion regarding the allegations of medical negligence, the consumer court rejected the contention. It was pointed out by the Commission that a committee of three doctors headed by the Chief Medical Health Officer (CHMO) had already prepared a report on the matter and therefore there was no necessity for setting up a separate committee.

Relying on several orders of the Supreme Court for deciding the amount of compensation, the District Consumer Court directed the Commission to pay Rs 11,77,560 along with an interest of 9% per annum and another Rs 50,000 for causing mental agony to the complainant.

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/madhya-pradesh-order-198397.pdf

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