Death Of Patient Not Attributed To Doctor: State Consumer Commission Sets Aside District Forum Order Against Doctor

The State Consumer Disputes Redressal Commission, Circuit Bench Amravati, comprising Smt. K. S. Kapse, Presiding Member and Smt. S. D. Wandhare, Member, has held doctor not liable for the death of the complainant's mother and set aside the order of the District Consumer Dispute Redressal Forum, Amravati, finding no medical negligence on doctor's part. Facts of the case: Samiksha, the mother of the complainant, was admitted to Dr. Manjushree Boob's (Appellant) hospital on April 23, 2011, for the delivery of her first child, and she delivered a healthy baby boy through a normal delivery. All parameters were found to be normal, and on April 26, 2011, she and the baby were discharged at the request of her mother. On the morning of May 2, 2011, Samiksha returned to the hospital complaining of abdominal pain. The doctor examined her, administered medication, and referred her to Dr. Panjabrao Deshmukh Medical College for further investigation and treatment. After being admitted there, unfortunately, she passed away in the evening. Following this, Samiksha's family lodged a complaint with the police alleging medical negligence. The police investigated the matter, reviewed the hospital records, postmortem report, and the opinion of the Medical Board, which concluded that the cause of death was bladder rupture leading to septicaemia, which occurred due to abdominal massage at home and not because of the hospital's delivery or treatment. The complainant filed a complaint before the District Consumer Dispute Redressal Forum, which was partly allowed and awarded compensation; aggrieved by the decision of the District Forum, the appellant, Dr. Manjushree, filed an appeal before the State Consumer Disputes Redressal Commission. Contentions of the Complainant: The complainant argued that after delivery, Samiksha was discharged despite abdominal and genital pain, the doctor did not take it seriously, her condition worsened, and even upon returning to the hospital on May 2, she did not receive adequate examination or treatment, which led to septicaemia and her death; therefore, the doctor was negligent and liable for compensation and costs. Contentions of the Appellant: Dr. Manjushree (Appellant) argued that all parameters were normal at the time of delivery and discharge, proper examination and treatment were provided on May 2, and the patient was referred to a multi-specialty hospital. The Medical Board and postmortem report clearly indicated that the death occurred due to bladder rupture from massage at home, and not because of any negligence by the doctor. The District Forum ignored critical evidence and reached a wrong conclusion. Observations of the Commission: The Commission reviewed all medical records, postmortem reports, treatment charts, and the Medical Board's opinion, and found that the doctor followed all professional standards. The cause of death was not due to any negligence by the doctor. The District Forum had overlooked key evidence and the Medical Board's report. Accordingly, the Commission allowed the appeal, set aside the District Forum's order, and dismissed the complainant's complaint. Case Title: Dr. Sau Majushree Murli Boob Vs. Aryan Vijay Ambore Case No.: SC/CB3/27/A/86/2020 Click Here To Read/Download The Order

Death Of Patient Not Attributed To Doctor: State Consumer Commission Sets Aside District Forum Order Against Doctor

Praveen Mishra

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