No medical negligence in inserting central venous catheter: Consumer court exonerates Fortis hospital, doctors
Taking note of the fact that no evidence had been filed to prove the treating doctors guilty, the State Consumer Disputes Redressal Commission (SCDRC) recently exonerated the Fortis Hospital, Delhi, and its doctors from charges of medical negligence while treating a patient suffering from multiple problems including hypertension, chronic kidney disease stage-V, advanced azotemia, bacterial pneumonia, and sepsis.
Although the complainants had challenged the treatment procedure adopted by the doctors in inserting Central Venous Catheter, dismissing the Complaint, the Commission noted, "It is clear from the record that there exists no evidence which would substantiate the claim of the Complainants that the treatment given to the patient by the Opposite Parties was not acceptable or was not used generally at the time when the patient was operated upon. The Complainants have even failed to establish that there was a lack of due care and caution on the part of the Opposite Parties either by oral or by documentary evidence, which are basically the essential requirements/ingredients for constituting a case of Medical Negligence covered under the Consumer Protection Act, 1986. Per contra, the Opposite Party has been diligent enough to prove their bonafide and also the fact that there was no negligence on the part of either of the Opposite Party."
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