Death of patient post cyst operation : Consumer forum directs private hospital to pay Rs 4 lakh compensation to patient
Punjab: A Punjab based private hospital has been ordered to pay Rs 4 lakh compensation along with interest to a complainant, after the District Consumer Dispute Redressal Forum, Patiala found medical negligence on part of the hospital. This came after a complainant approached the forum alleging that his wife who was admitted at the hospital died due to faulty operation and negligence of the hospital.
The petitioner also alleged that most of the people responsible for providing treatment to his wife in the hospital ran away one by one after seeing that his wife's condition was deteriorating rapidly and it was beyond their control. He alleged that proper post-operative care was also not provided to his wife which lead to her death.
The petitioner submitted that his wife was suffering from some health problems as the blood was coming out from the uterus and she was taken to one of the doctors who advised her to get the ultrasound done and later told the complainant that there is a cyst in the uterus of the patient. It was suggested that it can be removed by operating the same and the doctor also suggested to the petitioner that the surgery should take place at the hospital. Following the advice, he took his wife to the hospital after which the doctors took the patient to the operation theatre. After passing of 3 ½ hours, they came out from the operation theatre and told that the operation was successful, the petitioner submitted.
It was alleged that soon after the operation, the health of the patient started deteriorating, froth was coming out from the mouth, and her body started swelling. When the complainant told the nurses about the same they administered some injections to her but the health of the patient further deteriorated. At this complainant asked the doctor that if he has no proper arrangement of treatment then he can shift his wife to some other hospital but the doctor allegedly shouted at the complainant, the petitioner submitted. After some time, the doctor told that the condition of the patient was stable and the complainant can meet his wife but when he went to meet his wife she was not responding.
It was further claimed that the complainant asked the nurses who told that they had given an injection due to which she is asleep. It was averred that when after passing of 3-4 hours she did not give any response, he asked another doctor but after seeing the critical condition of the patient, the treating doctor and hospital staff ran away one by one from the hospital. The complainant at about 2 a.m. checked the body of his wife and observed that her heartbeat was stopped and her body was also not responding. The petitioner alleged that she died due to wrong performing of operation and negligence of the private hospital and its doctors, hence filed a compliant u/s 304 IPC.
The petitioner alleged that the treating doctor did not provide the treatment file of the patient to the complainant or to the police and it was held by the Deputy Supdt. of Police that doctor had stolen the treatment file and other material of the hospital.
It was further submitted that postmortem on the bead body was conducted by a medical board which opined that " the death, in this case, was due to hemorrhage shock due to excessive bleeding in the abdominal cavity in the pelvic region", which clearly proves that the doctors failed to take the post-operative care of the patient and could not control the bleeding which ultimately led to her death.
The petitioner sought a direction to the hospital and the doctor to pay compensation of Rs.19,50,000/- along with interest @18% per annum till realization and Rs.35000/- as litigation expenses along with any other relief which this Forum may deem fit.
The counsel for the opposite parties including the hospital and the doctor refused the allegations and stated that a false case was registered against them.
After considering the submission of both the parties, the forum observed that though there is no expert opinion produced by the complainant before this commission to establish negligence on the part of the hospital and doctor, it was to be mentioned that the patient had died on the same date when she was operated upon. Hence the in case of such, " sudden death of the patient within 24 hours of admission and operation in the hospital itself raises suspicion about the line of treatment adopted by the doctors and the hospital while treating the patient.", added the forum.
Stating that If the hospital was in the knowledge that the condition of the patient was so serious then they should have referred her to a well-equipped hospital rather than to cause her death by instant surgery, The court added,
" medial negligence is proved beyond a reasonable doubt from the report of postmortem as stated above and from the fact that the patient was operated upon due to cyst in the uterus and died on the same date due to excessive bleeding which shows negligence on the part of the hospital and the doctor in conducting the treatment."
A National Commission's case titled as Sun Flag Hospital Research Centre & Others Vs. Shri Raghubir Singh Poswal was referred by the forum where it was made clear that "Sudden death of the patient within 24 hours of his admission into the hospital by itself raise suspicion about the line of treatment adopted by the doctor." Moreover, it was also mentioned that "Expert opinion is not necessary in all cases where the negligence and deficiency in service of the treating doctor is established from the facts and circumstances of the case-Treating doctor can be involved in a criminal offence of medical negligence when there is some evidence of higher degree-But the civil liability of the treating doctor for the wrong treatment given to a patient can be fastened on the basis of the facts and circumstances of the case."
In reference to the observation made by the apex commission, the forum found the hospital guilty of medical negligence. Considering the fact that the doctor who allegedly stole the medical records has already passed away, the forum has ordered the owner of the hospital to pay compensation to the complainant. Finally, the commission has ordered
So due to our above discussion and taking into consideration the entire facts and circumstances of the case, the complaint stands partly allowed and OPs No.1&2 are directed to pay Rs.4,00,000/-alongwith interest @ 6% P.A. from the date of death of Balwinder Kaur i.e. 30.6.2012, as compensation to all the complainants in equal share alongwith Rs.10,000/- as litigation expenses.
To view the judgment, click on the link given below:
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