NCDRC Asks Fortis Hospital, Doctor To Pay Rs65 Lakh Compensation for Negligence, 'Unnecessary' Surgery
Moneylife Digital Team 12 August 2024
The National Consumer Disputes Redressal Commission (NCDRC) recently ordered the Fortis Escorts Heart Institute and Research Centre, Delhi and the head of its cardiac department to pay Rs65 lakh as compensation to the family of a 62-year-old man who was left partially paralysed after an elective angioplasty.
 
By a 7th August ruling, presiding member, justice Ram Surat Ram Maurya and technical member Bharat Kumar Pandya found merit in claims by the patient's family that the angioplasty (a medical procedure to open blocked arteries, veins, etc.) was unnecessarily conducted.
 
"It is proved that OP-2 (cardiac doctor) had ignored the lungs condition of the patient and proceeded for angioplasty although the patient was co-morbid and angioplasty was elective and not compulsory at that time. They cannot shirk their responsibility by saying that the patient and his daughter were doctors and they had given their informed consent, knowing well the risks and benefits,” the order said in this regard.
 
The forum found that due to negligence, the patient was left with permanent brain injury and in a coma for a while.
 
Even after coming out of the coma, he suffered complete paralysis on his left side and lost his ability to speak, hear or understand other people and was left in a vegetative state,  NCDRC was told.
 
The national consumer complaints forum held the hospital as well as the cardiac doctor, Dr Ashok Seth, jointly and severally liable for the patient's condition and ordered them to pay Rs65 lakh as compensation. The order was passed on a complaint filed in 2012 by the patient's wife.
 
She alleged that Dr Ashok Seth and his team unnecessarily conducted an angioplasty on her husband and also committed gross negligence during the procedure. 
 
The hospital countered that the patient and his elder daughter were doctors themselves and were aware of the risks, benefits and repercussions of angioplasty. 
 
The hospital added that they not only gave informed consent for the angioplasty but also insisted that it be conducted on the same day that they came to consult the doctor. The claims of medical negligence were also denied. 
 
After analysing the case records and submissions, NCDRC ruled in the complainant's favour.
 
The hospital and its doctor were ordered to pay Rs65 lakh as compensation after factoring in the monthly income that the patient used to earn before his health crisis, hospital expenses, travel expenses, nursing care expenses, loss of consortium for the patient's family, pain and suffering and litigation costs. 
 
Comments
SBI's Daylight Loot Continues, Illegally Deducts Money from Student's Account and Sends It to SBI Life for Renewal of PMJJBY, PMSBY
Yogesh Sapkale, 09 August 2024
State Bank of India (SBI), the country's largest State-run lender, continues its breach of trust by deducting money without any authorisation or consent from account-holders for two insurance schemes, the Pradhan Mantri Jeevan Jyoti...
Housing Society Problems and Solutions: Addressing Issues with Managing Committee Members
Shirish Shanbhag 08 August 2024
Cooperative housing societies are governed by model bye-laws that outline numerous rules and procedures, including those for electing new members to the managing committee (MC). The members of the MC must be elected every five years,...
Minimum Average Balance: Public Sector Banks Collected Rs8,495 Crore since FY19-20 from Customers, Says Govt
Moneylife Digital Team 02 August 2024
All the 13 public sector banks (PSBs) have collected a hefty Rs8,495 crore penalty from customers for not maintaining minimum average balance (MAB), the Lok Sabha was informed. While Punjab & Sind Bank did not levy any penalty for...
Fraud Alert: Online Shopping Scams & Deceptive App Designs aka Dark Patterns
Yogesh Sapkale, 02 August 2024
A few days ago, Sarojini Aunty, a senior citizen, came across an advertisement for Kayani biscuits on the Swad India website. Since she stays in Jaipur, while Kayani's bakery, famous for its biscuits and cookies, is located in Pune,...
Array
Free Helpline
Legal Credit
Feedback