The Commission held that although there was no negligence in the diagnosis, endoscopic surgery or lumbar drain procedure itself, the hospital and its medical team displayed a "collective lack of urgency" in responding to the patient's deteriorating neurological condition after the procedure, ultimately resulting in permanent paralysis. It, however, found no negligence on the part of Dr. Siddharth Garg.

Facts

The complainants, Deepak Bansal and his wife Kiran Bala, filed the complaint alleging medical negligence after Kiran Bala became permanently paralysed following treatment at Satguru Pratap Singh Apollo Hospitals in September 2011.

Kiran Bala initially developed an unusual leakage of fluid from her nose and was diagnosed with cerebrospinal fluid (CSF) rhinorrhea. She was admitted to the hospital and underwent endoscopic surgical repair of the defect using a fascia lata graft on September 22, 2011. Although the surgery initially stopped the leakage, it recurred the following day.

The treating doctors thereafter advised a lumbar drain procedure to divert the CSF and facilitate healing of the repair site. Following the procedure, Kiran Bala complained of persistent pain, numbness and weakness in both lower limbs, which progressively worsened. MRI later revealed findings suggestive of transverse myelitis. She was shifted to Medanta Hospital and thereafter underwent treatment at the Indian Spinal Injury Centre, New Delhi, but remained confined to a wheelchair. Alleging negligent treatment, delayed diagnosis and inadequate post-operative monitoring, the complainants sought compensation of ₹2 crore.

Contentions

The complainants contended that Kiran Bala entered the hospital walking but was left permanently paralysed because the doctors failed to act promptly despite her repeated complaints of pain and numbness after the lumbar drain procedure. They alleged delayed MRI evaluation, failure to timely diagnose myelitis and inadequate post-operative monitoring.

The hospital and the doctors denied negligence, asserting that the diagnosis and treatment of CSF rhinorrhea were in accordance with accepted medical practice. They argued that transverse myelitis was a recognised complication unrelated to the procedure and that the paralysis resulted from an unfortunate medical complication rather than any deficiency in treatment.

Observations

The Commission found no negligence in the diagnosis, endoscopic surgery or lumbar drain procedure, observing that transverse myelitis is a recognised complication and that the evidence did not establish that the procedure itself caused the condition.

However, it held that the hospital failed to provide the level of post-operative monitoring required after the lumbar drain procedure. Despite the patient's repeated complaints of pain, numbness and progressive loss of motor power, there was an unexplained delay in obtaining MRI and neurological evaluation. The Bench observed that the treating team failed to ensure prompt monitoring and timely intervention, reflecting a "collective lack of urgency" in managing the patient's deteriorating condition. It, therefore, held Satguru Pratap Singh Apollo Hospitals, Dr. M. Deepinder Singh and Dr. Gaurav Kuthiala liable for deficiency in post-operative care, though not for negligence in the surgical procedure itself.

The Commission, however, found no negligence on the part of Dr. Siddharth Garg (OP No. 2), observing that he had responded appropriately and in a timely manner whenever his consultation was sought and that no adverse finding could be recorded against him.

Decision

Partly allowing the complaint, the Commission awarded the complainants a lump sum compensation of ₹15 lakh with interest at 6% per annum from the date of filing of the complaint until payment. It directed that 90% of the liability shall be borne by Satguru Pratap Singh Apollo Hospitals, while Dr. M. Deepinder Singh and Dr. Gaurav Kuthiala shall each bear 5% of the liability. The hospital was also directed to pay litigation costs of ₹25,000.

The Commission directed compliance on or before October 4, 2026, failing which the unpaid amount would carry interest at 9% per annum from October 4, 2026. No liability was fastened on Dr. Siddharth Garg.

Case Title: Deepak Bansal & Anr. v. Satguru Pratap Singh Apollo Hospitals & Ors.

Case No.: Consumer Complaint No. 314 of 2012

Appearances: Mr. S. Hari Karan, Advocate for the Complainants; Dr. Lalit Bhasin and Ms. Vishali S., Advocates for the Opposite Parties.

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