MBBS Intern not hospital employee! Court junks Rs 1 crore medical negligence claim

New Delhi: While observing that an MBBS intern cannot be considered a regular employee at the hospital, the National Consumer Disputes Redressal Commission (NCDRC) recently dismissed a compensation claim of Rs 1 crore by a deceased student's father.

Filing the plea, the complainant had alleged that his 24-year-old son, who was undergoing his mandatory internship at Amravati Medical College and Hospital, had died due to medical negligence.

However, while considering the matter, the Apex Consumer Court noted that "An intern cannot be equated with the regular employee. As per Black’s Law Dictionary an intern is an advanced student or recent graduate who is apprenticing to gain practical experience before entering a specific profession.’As the complaint has failed to prove that any consideration was paid to the opposite parties, the complaint cannot be treated as a ‘consumer.’"

The history of the case goes back to 2015 when the father of the MBBS intern was informed via a phone call from the hospital about his son's health and how he was in the ICU. The complainant alleged that when they reached the hospital, he found that his son had died and more than 400 doctors including interns were sitting on Dharna in front of the hospital on account of his son's death.

The complainant submitted that when they reached the hospital, he found that his son had died. More than 400 doctors including interns were sitting on Dharna in front of the hospital on account of his son's death due to alleged medical negligence of the hospital and its doctors. The complainant also came to know that there were no life-saving and other medical equipment in the hospital which resulted in the sudden death of his son on 24.03.2015 at 2.45 am.

It was alleged that the request to conduct the post-mortem was turned down by the hospital authorities and not being in a proper state of mind, the complainant cremated the body. He also claimed that his son had died in mysterious conditions and the hospital and medical college played mischief and foul. Further, the complainant alleged that even though the State CID during the investigation collected some material to show the involvement of some MBBS students/interns in the death of the complainant's son, the truth was covered up. 

Referring to the chats allegedly recovered during the investigation, he claimed that apart from there being lack of required facilities, there was foul play and his son was killed by some fellow students over his proximity with one of the female students. He alleged that those students served him beer after mixing some foreign material. Thereafter, he filed a complaint before the Maharashtra State Commission.

On the other hand, the hospital pointed out that nothing was found against them even in the CID inquiry. They further submitted that the complainant was intimated about the ill health of his son. They denied that the intern and the doctors were sitting on Dharna due to the deficiency in service on the part of the treating hospital. Dharna was a natural reaction of doctors and interns to the sudden death of their colleague, they submitted.

As per the hospital, the complainant's son died due to a heart attack and post-mortem was conducted only in the case of death due to mysterious circumstances. Further, they submitted that when the intern doctor was brought to the hospital, he himself had informed that he had consumed alcohol few hours back and was a chronic smoker. Some of the friends of the deceased had also given their statements to the CID corroborating the fact that he was a chronic alcoholic and a chronic smoker.

The State Commission in its order dated 25.08.2022 dismissed the complaint observing that the complainant was not a consumer as no consideration was paid to the hospital for his son's treatment. Further, the State Commission also imposed a cost of Rs 50,000 to be paid to the hospitals. After that, the complainant filed the plea before the Apex Consumer Court.

While considering the matter, the NCDRC bench referred to the definition of "consumer" in the Consumer Protection Act, 1986 and noted, "...it is clear that the person who hires or avails services without any consideration cannot be considered to be a consumer. The onus is on the complainant to prove that any consideration was paid to the opposite parties for treatment of his son. The complainant alleged that the fees paid for MBBS course in itself is a consideration paid to the opposite parties. In the impugned order, the State Commission has given the details of the fees paid by the deceased, which includes tuition fees, caution money, laboratory fees, stationary charges, library fees, enrolment fees, HSS, computer and session fees. Fees paid by the complainant for MBBS course cannot be treated as consideration."

"The complainant has not adduced any evidence whatsoever to prove that any amount was paid to the opposite parties for treatment of the deceased. The complainant has taken a new plea that the services rendered by the deceased as an intern were in the form of ‘consideration.’ This argument is not acceptable in absence of any agreement in this regard between the hospital and the intern," it further noted while dismissing the appeal.

In the present case the deceased was practicing as an intern. An intern cannot be equated with the regular employee. As per Black’s Law Dictionary an intern is an advanced student or recent graduate who is apprenticing to gain practical experience before entering a specific profession.’As the complaint has failed to prove that any consideration was paid to the opposite parties, the complaint cannot be treated as a ‘consumer.’ We do not find any illegality or irregularity in the impugned order of the State Commission. The appeal deserves to be dismissed.

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/ncdrc-interns-not-hospital-employees-255316.pdf

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