Consumer court junks Rs 85 lakh medical negligence claim against Gurugram's hospital, doctors in COVID 19 patient death case

Gurugram: The District Consumer Disputes Redressal Commission, Gurugram, Haryana, has recently dismissed a medical negligence complaint seeking Rs 85 lakh compensation against a Superspeciality Hospital, its doctors and nursing staff over the death of a 90-year-old COVID-19 patient during the second wave of the pandemic.

Observing that the complainants failed to establish any deviation from standard medical procedures, the Commission noted that the treatment provided to the patient was supported by medical records, prescriptions and investigation reports, which the complainants had failed to rebut. It also took into account the severe shortage of hospital beds and the pressure on healthcare facilities during the second wave of COVID-19 in May 2021.

The complaint was filed by the son and wife of a 90-year-old patient who died while undergoing treatment at Narayana Superspeciality Hospital, Gurugram, in May 2021.

According to the complaint, the elderly patient was admitted to the hospital on May 4, 2021, after contracting COVID-19. The complainants alleged that despite his serious condition, he was accommodated in a general COVID ward instead of an intensive care unit because no ICU bed was available.

They further alleged that the patient was not provided ventilator support and was not regularly or properly attended to by the treating doctors and nursing staff. The complainants claimed that the hospital staff gave greater attention to younger patients while neglecting the elderly patient.

Alleging that these lapses contributed to the patient's death, the complainants sought Rs 80 lakh as compensation for medical negligence, along with Rs 5 lakh towards mental agony, harassment, suffering and litigation expenses.

They also stated that a police complaint had been lodged at DLF Phase-III Police Station, Gurugram, on June 8, 2021, but no action was taken against the hospital or its medical staff.

Opposing the allegations, the hospital and its doctors submitted that the patient was brought to the facility on May 3, 2021, with serious neurological problems and a urinary tract infection, which were aggravated by severe COVID-19 infection.

The hospital explained that it was operating under considerable pressure during the peak of the pandemic's second wave, with beds and medical resources already exhausted. Despite the shortage, the patient was admitted following repeated requests from his family.

According to the hospital, the patient was initially kept in the emergency ward and tested positive for COVID-19 through an RT-PCR test. He was subsequently shifted to a specially designated COVID ward, where treatment was initiated.

The hospital stated that the patient's interleukin-6 (IL-6) levels were monitored on May 4, 6, 8 and 11, 2021. It also submitted that Remdesivir injections were administered during the course of treatment, including six doses in view of his critical condition.

The opposite parties maintained that the treating doctors and nursing staff provided appropriate medical care and supervision, but the patient eventually suffered a sudden cardiac arrest and died.

After examining the medical records and the submissions of both sides, the Commission found no material establishing deliberate negligence or carelessness on the part of the treating doctors and nursing staff.

The Commission observed:

"The complainant has not been able to establish any alleged gross deliberate negligence on the part of the OPs/treating doctors and nursing staff with respect to the medical treatment including the medicines which were being administered to the complainant's deceased father/patient."

It noted that the hospital's account of the treatment was supported by medical prescriptions, investigation reports and other records. The complainants, however, had not produced evidence to challenge the credibility of those documents.

The Commission further observed:

"The complainant has also failed to show any deviation from the Standard Medical Procedure on the part of the OPs/treating doctors and nursing staff, which may prove any element of deliberate negligence or carelessness on the part of the OPs/attending doctors and nursing staff in the medical treatment of the patient."

Addressing the allegation concerning the non-availability of an ICU bed, the Commission considered the extraordinary circumstances prevailing during April and May 2021, when hospitals across the country were overwhelmed by COVID-19 admissions.

It noted that ICU beds and even general hospital beds were in short supply, requiring the creation of special wards for COVID-19 patients.

The Commission also took note of the patient's advanced age, his existing medical problems and the severity of his COVID-19 infection. It found that the complainants had failed to rebut the hospital's explanation regarding the circumstances of his admission and treatment.

It is also not out of context in mentioning here, that, again it is a matter of common knowledge that the Remdesivir injection which was administered repeatedly to the patient, was the most effective viral drug to counter the Covid-19 pandemic. Admittedly, the complainant's father/patient at that time was 90 years old, and, it is a matter of common knowledge that even comparatively young people in their mid 20s, mid30s and mid 40s succumbed to covid-19 pandemic during their treatment, due to the complications arising out of the pandemic, despite the best medical treatment provided to them with utmost care and caution by the treating doctors/nursing staff. Therefore, the complainant is simply estopped from pleading that the treating doctors and nursing staff had been deliberately negligent or careless in medically treating his father. That is why, the police rightly did not take any action, pursuant to the complaint preferred by the complainant, with respect to the allege deliberate medical negligence of the OPs/treating doctors and nursing staff.

Concluding that the allegations were not supported by sufficient evidence, the Commission held:

"The complainant has not been able to establish any alleged deliberate negligence or carelessness on the part of the OPs/treating doctors and nursing staff with respect to the medical treatment given to his deceased father nor any deficiency in service on the part of the OPs/treating doctors and nursing staff has been made out in the present matter."

Accordingly, the Commission dismissed the complaint against the hospital, doctors and nursing staff, rejecting the Rs 85 lakh compensation claim.