National Consumer Disputes Redressal Forum (NCDRF) directs a private hospital to pay an amount of Rs. 8 lakhs as compensation to a man who lost his wife in 2008 due to medical negligence at the hospital's end.
NCDRC holds private hospital responsible for negligence
HIGHLIGHTS
- NCDRC holds private hospital responsible for negligence
- Hospital ordered to pay Rs 8 lakh as compensation
- DMC medical reports were rejected by consumer court
National Consumer Disputes Redressal Forum (NCDRF) directs a private hospital to pay an amount of Rs. 8 lakhs as compensation to a man who lost his wife in 2008 due to medical negligence at the hospital's end. Batra Hospital and Medical Research Centre and the doctor treating the victim received a clean chit from the Delhi Medical Council reports. This was also turned down by the consumer court when they awarded the compensation. Nilima Sharma, the victim, died ten minutes after the CT Scan Contrast Media test was being conducted. She was suffering from bronchitis.
The hospital allegedly did not conduct any procedure on her and the room where the test took place was also not very well equipped.
As per the complaint filed on March 26, 2008, Nirmala was brought to the hospital for treatment of bronchitis. She was prescribed four tests, of which one was a contrast media test. This one required the presence of a doctor and the patient needs to undergo screening before the test.
In 1994, the same doctor treated Nirmala for breast cancer and the family states that the doctor was well aware of her history of hypertension and diabetes. 15 minutes after she was given the injection, she fell on the floor with foam on her mouth and none of the hospital staff bothered to attend her.
After this, the family filed a complaint against the hospital in Ambedkar Nagar police station. Post this, the DMC was also taken into the case. The hospital authorities, however, denied the allegations and stated that the victim was old and given the best treatment availed. Though she succumbed, it cannot be termed as medical negligence.
On July 27, 2011, the DMC gave a clean chit to the doctor and the hospital, directing them to take necessary steps for further prevention and necessary record keeping. However, the consumer court stated that this result was a wrong decision by the DMC.
The court then held the hospital responsible for negligence and stated, "There is absolutely no evidence to show that the media contrast scan was conducted after taking the consent of the patient or her attendant or was done in the presence of or under the supervision of a doctors or that medical treatment had been provided to the patient immediately after her condition deteriorated."
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