No negligence but patient harassed! Apollo Hospitals Bengaluru slammed, slapped compensation by consumer court

The case concerned a 67-year-old resident of MC Layout, Vijayanagar, who was admitted to Apollo Hospitals, Seshadripuram, from August 29 to September 12, 2022, due to severe stomach pain. Upon admission, hospital staff conducted multiple tests, including a CT scan, and recommended emergency surgery. Despite undergoing the operation, the patient continued to experience severe pain. On the third day post-surgery, he was given solid food, which worsened his condition, leading to abdominal distension. Doctors promptly halted solid food intake and, upon diagnosing complications, advised a second surgery on September 5, to which the patient consented.

The patient alleged that nursing students forcibly removed a syringe from his palm, causing swelling and rendering further injections unfeasible. Consequently, a catheter was inserted in his neck for medication and liquid food administration. Following this ordeal, he was discharged on September 12. The hospital initially billed him Rs 9.9 lakh, which was reduced to Rs 5.8 lakh after his protest. Citing harassment and financial burden, Alva filed a complaint with the consumer forum on June 28, 2023.

However, Apollo Hospitals denied the allegations, stating that he was admitted, evaluated by a gastroenterologist, and treated after necessary tests were conducted with his consent. The hospital maintained that there was no medical negligence or deficiency in service.

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Upon reviewing the documents and evidence, the commission concluded that while medical negligence by the hospital's doctors was not established, the hospital failed to address the behaviour of its staff towards the patient. The forum observed that;

"The complainant is a competent person to talk about the harassment suffered by him due to odd behaviour of the hospital staff."

It further noted that;

'The complainant has suffered mental agony and discomfort at the hands of hospital staff. It is the responsibility of the doctor and medical staff to prove that due care was taken in discharge of their duties… The complainant is entitled to compensation for harassment and mental agony and financial loss suffered by him for the harassment given by the staff of the hospital.”

Subsequently, the Commission ordered Apollo Hospitals to refund Rs 35,360 collected for medical services and Rs 11,880 charged for nursing and hospital utilities, both amounts to be returned with 9% interest from the date of discharge. Additionally, the hospital was directed to pay Rs 1 lakh as compensation for harassment and rude behavior, along with Rs 25,000 towards litigation costs, reports TOI.