Rs 60,000 penalty on Malar Hospital, Chennai For medical Negligence

Malar Hospital (now, Fortis Malar Hospital) fined for gross negligence and deficiency in service, misdiagnosing a patient as HIV Postive

Chennai: Tamil Nadu State Consumer disputes redressal commission, Chennai has imposed a penalty of on Malar Hospital, ( now Fortis Malar Hospital) of Rs 60,000 for wrongfully diagnosing a patient as HIV Positive.

The case dates back to February 2007, where under a routine pre-employment checkup of one Mr.R.Mohanan who was declared HIV positive under the medical checkup and recorded “NOT FIT” in the medical report in bold letters quite conspicuously. This resulted in instant cancellation of the complainant’s provisional selection for the job by his employer. The test was done using the Elisa Methodology. Upon getting tested  for the same test at Voluntary Health Service,Chennai, the patient was found to be HIV negative.

The hospital in its defence plead that it had advised the patient to get Western Blot confirmatory test for confirmation, that the patient did not follow. The court noted that in the medical report,the final impression is given as “NOT FIT” quite prominently in Bold letters by (HIV positive) and below in the separate column it is simply mentioned advice –Western blot in an insignificant manner, hence costing the patient his job.

As a result the court concluded that there was a gross negligence and deficiency in service on part of Malar hospital directing the hospital to pay a sum of Rs.50,000/­ (Rupees Fifty Thousand only) to the complainant as compensation for negligence, deficiency in service, mental agony and sufferings and to pay costs of Rs.10,000/­ (Rupees Ten thousand only).