Gross Medical Negligence at Safdarjung Hospital: NCDRC upholds Rs 11 lakh compensation

New Delhi: The National Consumer Disputes Redressal Commission (NCDRC) recently upheld the 2018 order passed by the Delhi State Consumer Court, which had held Safdarjung Hospital guilty of medical negligence and directed the hospital to pay Rs 11.05 lakh to a man whose wife died allegedly due to deficiency in service.

While considering the hospital's plea challenging the State Commission's order, the NCDRC bench observed that the State Consumer Disputes Redressal Commission had passed the order on the basis of the expert reports on the treatment given to the deceased. 

Therefore, upholding the previous order, the top consumer court noted, "Findings of fact recorded by State Commission that there was medical negligence in providing treatment to the wife of the complainant is based upon various expert of the expert committee on record and do not suffer from any illegality. The State Commission has awarded compensation of Rs.1105000/- to the complainant along with 7@ interest p.a. The appellant has failed to prove any illegality or irregularity in the impugned order."

According to the complaint lodged by the complainant, his wife was being treated for obesity and diabetes at another hospital when she suffered severe pain in her abdomen on April 22, 2006.

Her husband rushed her to Safdarjung hospital with all her reports but she allegedly could not get proper treatment till 40 hours of her admission. The complainant, while seeking Rs 45 lakh compensation, alleged that after his wife was put on a drip, she started feeling restless and vomited.

He informed the staff there but her health kept deteriorating, he claimed. He further claimed that his wife was not attended by any doctor nor any tests were conducted till the next day and ultimately she died four days later due to medical negligence.

On the other hand, the hospital had denied negligence and stated that they had made every effort to provide best treatment to the patient. If the attendants of the patient were not satisfied with their treatment, they were at liberty to seek discharge of the patient, submitted the hospital. 

Further, the hospital had informed that blood count, blood sugar, blood urea, serum electrolyte and CT scan tests were done in the emergency in the night of 22/23.04.2006. Patient did not require ICU care on that night and CT scan report was found to be normal. It was also submitted by the hospital that the patient could not be shifted to ICU as no ventilator was available there. Some complications like ARF with syptosymtic, CVA, DKA, Uranicm and syplopathy were suspected.

Medical Dialogues had earlier reported that while considering the complaint, the Delhi State Consumer Court back in the year 2018 had directed Safdarjung Hospital to pay Rs 11.05 lakh to the complainant.

Further, clarifying that over-crowded wards and overtime duty of doctors were not excuses to justify medical negligence, the Commission had directed the hospital, which is one of the largest central government hospitals in India, to ensure that an adequate number of doctors or specialists remain on duty irrespective of the fact that a particular day is a working day or a holiday.

The State Consumer Court while referring to report from Directorate General of Health Services (DGHS) which had taken strong exception to the hospital's conduct, had said there was "gross negligence" on the part of the hospital as the 42-year-old patient could neither be shifted to ICU nor put on ventilator due to non-availability of beds.

Besides referring to the DGHS report, it also considered the report by Medical Council of India (MCI) and Delhi Medical Council (DMC) which had observed that the management of the hospital was required to undertake appropriate steps for improving communication between doctors and relatives of the patient.

However, the order of the State Commission was challenged by the hospital. While considering the matter, the NCDRC bench noted that the erstwhile Medical Council of India found negligence of the Doctors and in a letter dated 26.08.2010, the Council had opined that a letter of caution should be issued to Dr. Gupta and Dr. Kansara, to be more careful in future in maintaining the patients record and that they should have informed the seriousness of the patient's condition to the patient/attendant from time to time.

Further, the Apex Consumer Court observed that in its report dated 19.12.2006, the Delhi Medical Council had found Safdarjung Hospital guilty of not explaining the prognosis to the relatives of the patient and observed that the hospital should improve the communication between the Doctors and the patient’s relatives. Delhi Medical Council also observed that no Doctor examined the patient on 23.04.2006 and the treatment was given by the nurse only and no investigations were done until 24.04.2006.

Taking note of these facts, the NCDRC bench observed,

"Findings of fact recorded by State Commission that there was medical negligence in providing treatment to the wife of the complainant is based upon various expert of the expert committee on record and do not suffer from any illegality."

Therefore, the top consumer court dismissed the appeal by Safdarjung Hospital and awarded Rs 1105000/- compensation to the complainant along with 7@ interest p.a.

To view the NCDRC order, click on the link below:

https://medicaldialogues.in/pdf_upload/medical-negligence-safdarjung-215652.pdf

Also Read: Overcrowding, Overtime Duty of Doctors No Excuses: Delhi Hospital slapped Rs 11 lakh for Medical Negligence