Ruby Hall Clinic, Orthopaedic surgeon slapped Rs 85k compensation over failure to detect hip fracture
Medical Negligence
Mumbai: Holding Pune-based Ruby Hall Clinic, run by Grant Medical Foundation, and an orthopaedic surgeon guilty of medical negligence for their failure to detect a hip fracture in time, the State Consumer Disputes Redressal Commission (SCDRC), Maharashtra, recently directed them to pay Rs 85,000 as compensation to the patient, along with 6 percent annual interest.
Apart from this, the State Consumer Court has also directed the treating doctor and hospital to pay Rs 25,000 for mental and physical harassment suffered by the appellant, and Rs 10,000 towards the cost of the legal proceedings. In its order, the State Commission observed that the doctor and the hospital were negligent in not detecting the hip fracture at the appropriate time.
With this, the State Commission overruled a judgment passed by the District Consumer Disputes Redressal Commission (DCDRC), Pune, which had previously dismissed the complaint.
As per the latest media report by Free Press Journal, the Commission mentioned in its order,
"The only negligence is that the respondents were erroneous in not detecting the fracture in the hip in time and, therefore, even though the appellant had claimed various sums under different heads, he is only entitled to get Rs 85,000 towards the cost of his surgery and allied expenses. He is not entitled to claim loss of business and future loss of business income, because his business and income have not been lost owing to this medical negligence but because of the accident which he suffered. However, in the facts and circumstances of this case, the appellant is entitled to a sum of Rs 25,000 for mental and physical harassment and Rs 10,000 as the costs of these proceedings."
The history of the case goes back to May 17, 2006, when the patient, a 60-year-old rickshaw driver, faced a road accident as a car collided with his vehicle in Pune. After sustaining injuries to his knees and hip joints, the patient was rushed to Ruby Hall Clinic for treatment.
The orthopaedician at the hospital examined the patient and ordered X-rays. Allegedly, even though the patient complained of severe pain, the doctor reportedly informed him that there were no fractures and accordingly discharged him the following day with only medication.
However, after returning back to him, the pain became unbearable for the patient and he consulted another specialist, who after reviewing the same X-ray immediately detected a hip joint fracture. Thereafter, the patient again visited Ruby Hall Clinic on May 19 seeking further clarification. At the hospital, other doctors reportedly confirmed the fracture after re-examining the original X-ray film.
Consequently, being aggrieved by the initial treatment, the patient underwent an emergency surgery at another hospital, where a "duplicate ball" was fitted into his hip.
After this, the patient filed a consumer complaint against the first hospital and doctor seeking compensation of more than Rs 10 lakh towards medical expenses, loss of business, and physical and mental harassment.
Earlier, while considering the matter, the Pune District Consumer Court had dismissed the complaint, citing the absence of expert evidence to establish medical negligence. However, after considering the matter, the State Commission on December 16, 2025, set aside the District Court's order and held that the treating doctor and hospital were negligent for their failure to detect the hip fracture.
