NCDRC Relief Of Rs 4 Crore Compensation To Mohali Hospital, 4 doctors accused of negligence
Chandigarh: Holding that "No Cure is Not a Negligence", the National Consumer Dispute Redressal Commission granted relief to the IVY Hospital, Mohali against compensation of Rs 4 Crore for the alleged act of medical negligence.
The parents of the deceased patient filed a plea before the Consumer Forum in the year 2010, in which it was alleged that the IVY Hospital was not at all equipped to handle head injuries for patients requiring Neuro Surgery and it did not have a separate Neuro department. It was claimed that the patient was put on the ventilator without the consent of the deceased patient's parents.
The case goes back to the year 2008 when the patient had a car accident and sustained a serious head injury – Traumatic Brain Injury (TBI) and was immediately taken to the PGI Chandigarh by the local police and an emergency CT scan and X-Ray were done. The doctors labeled it as a GSC score of 9. There was no history of seizures (convulsions) and the patient was moving all limbs and was reacting to light, the bilateral lung air entry was equal, oxygen saturation was 100% and BP was 120/80mm of Hg.
The patient was later taken to the IVY Hospital by his parents where he was treated but unfortunately expired on 21st October 2008.
It was alleged in the plea that one person in PGI approached the mother of the patient then and allured her to shift her son to the IVY Hospital under the care of Neurosurgeon (accused) Dr. Deepak Tyagi where her son would be given personal treatment under his care. Therefore, the patient was shifted to the IVY Hospital at 12:45 am and all his vitals were measured, and without any neurological assessment, Dr. Deepak Tyagi ordered 'electively ventilate' and left the ICU after that the intubation was done without the patient's parents' consent and that there was no regular Neuro-Surgeon at the IVY Hospital and that the ICU services were outsourced by the hospital to a third party.
The patient's parents in the plea submitted that after the operation on the patient was successful as conveyed to them by Dr. Deepak Tyagi, the patient was put on a life support system after the brain death occurred immediately after the cardiac arrest which was concealed by the patient's parents and was ultimately declared dead on 21st October 2008.
Therefore, the deceased patient's parents approached the Consumer Forum, and being aggrieved by the negligent and deficient medical services provided by the IVY Hospital filed a complaint and prayed for compensation of Rs 4 Crore.
The accused IVY Hospital and the team of treating doctors including the neurosurgeon, ICU consultant, ICU in charge and one other doctor denied all the allegations and submitted that the opinion report by the Medical Board constituted at PGIMER, Chandigarh opined that there was no negligence in the treatment given to the deceased patient. They further also submitted that the condition of the patient was critical and the patient was taken out of PGI by the family against the advice of PGI doctors.
"The report of PGI reveals that the patient was admitted with loss of consciousness, since the time of injury and his CT scan showed contusions, SDH, Sub arachnoid hemorrhage (SAH) and DBE. The DBE leads to increase the Intra Cranial Pressure (ICP)."
It was also submitted by the counsel of the Hospital and treating doctors that attending doctors took all the precautions as per standard treatment protocol and the patient was under constant observation in the ICU around the clock.
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Hearing both sides, and based on the evidence and the opinion given by the PGIMER Medical Board, the Forum noted down that the patient was severely injured in the road accident. It was a head injury, which, on investigation revealed subarachnoid and subdural hemorrhage images. The Forum concluded that there was no deviation of practice from Dr. Deepak Tyagi and the patient was under observation in the ICU and on the ventilator, therefore, the treating doctor shall have to take a decision based on the condition of the patient and therefore, removed the ventilator.
The Forum also went through the postmortem report and the opinion of the PGIMER, Chandigarh, and on previously decided landmark precedents, it was held that the patient's parents were asked for consent at every important step and there were vague allegations put on the IVY Hospital.
"In our view, the patient was under observation in the ICU and on ventilator, therefore, the treating doctor shall have to take the appropriate decision based on the condition of patient. Though, the ventilator was removed, the ET was kept to maintain the oxygen supply and to avoid aspiration. We have gone through the post mortem report wherein the cause of death was given as "head injury leading to cardio respiratory arrest which is possibly sufficient in normal course of life to cause death. It is relevant to go through the opinion (report) dated 13.03.2010 of the Medical Board, PGIMER, which categorically held that the treatment and care given by the OPs was consistent."
Thus, it was held that there was no negligence and the doctors treated the patient with a reasonable standard of care and there was no deficiency or negligence on their part.
"It should be borne in mind that "No Cure is Not a Negligence". We would like to put reliance upon few decisions of Hon'ble Supreme Court viz. Kusum Sharma and others Vs Batra Hospsital and Medical Research Centre and others, Jacob Mathew's Case."
"Based on the foregoing discussion, in our considered view, the doctors treated the patient with reasonable standard of care and there was no deficiency or negligence on their part. The Complainants failed to prove any negligence or any deficiency during treatment on the part of the doctors or the hospital."
To read the order, click below:
https://medicaldialogues.in/pdf_upload/om-parkash-sikka-v-ivy-hospitals-448913-193702.pdf
