Delhi State Commission Dismisses Allegations Of Medical Negligence Where Treatment Was As Per Standard Medical Protocol

The Delhi State Consumer Disputes Redressal Commission ('State Commission') bench comprising Justice Sangita Dhingra Sehgal, President and Pinki, Judicial Member has dismissed the claims of medical negligence by the complainant against Rockland Hospital and its doctors relying on the expert opinion which stated that the complainant was treated as per standard medical protocol. Brief facts: The complainant admitted his father ('patient') to Rockland Hospital ('hospital') since he was having breathing issues. On the date of discharge, no discharge summary was given and the family of the complainant was put under the false pretext that the patient was fit to be discharged. Further, as per the complainant, there was non-availability of oxygen cylinders and the educational qualifications of the staff for administering dialysis was below the standard medical protocol. After discharge, the patient was readmitted with complaints of generalized swelling of body and severe weakness. He was found to be in fluid overload and advanced azotemia. After a CT Chest, the patient was diagnosed with pleural effusion. The patient was at the end stage of kidney failure. Moreover, he had fluid overload and required dialysis. However, he ultimately succumbed to the ailment owing to sepsis. Hence, a complaint was filed by the complainant with allegations of medical negligence against the hospital and its doctors Submissions of the complainant: It was stated by the complainant that the patient was put on Anti-tuberculosis medication when he was not suffering from tuberculosis. Further, it was stated that there was non-availability of oxygen cylinders and the educational qualifications of the staff for administering dialysis was below the standard medical protocol. As per the complainant, he was forced by the hospital to buy medicines and get the tests done from outside the hospital out of his own pocket. The complainant further contended that he was forced to pay Rs.10,000/- for the surgery and additional Rs. 11000/- before readmission. Submissions of the hospital: It was submitted that the patient was found to be in fluid overload along with low respiratory tract infection. Further, since the patient grew restless, there was a need for physical restraint for which consent was specifically taken from the complainant. The hospital submitted that the patient was advised for hemo-dialysis thrice a week and to have the surgery at the earliest but the same was not followed. It was further submitted that despite the kidney function of the patient being deranged, he refused hemodialysis and requested discharge. The hospital contended that it was their policy to get the amount for the surgery deposited which would be reimbursed later. Observations of the Commission: The bench observed that the complainant has failed to produce any bills/invoices to show that medicines were purchased from outside. It was further observed that no proof has been filed by the complainant to substantiate that he was forced to pay re-admission charges. Thus, it was held that no liability for unfair trade practice can be fastened on the hospital. Further, the bench placed reliance on the medical literature produced by the hospital as per which, pleural effusion, with which the patient was diagnosed, was the second most common form of Tuberculosis and therefore the treatment given by the hospital was correct. The complainant's failure to rebut the medical literature was noted and hence the allegations of medical negligence were also dismissed. Lastly, the bench placed reliance on the medical expert opinion to hold that the patient was treated as per standard medical protocol. Thus, it was held that no negligence can be carved out on the part of the hospital and the complaint was dismissed. Case Title: Sandeep Kumar vs Rockland Hospital & Ors. Case Number: Complaint Case No. 807/2017 Advocate for complainant: R.K Mahto Advocate for Opposite Parties: Maroof Ahmed, Fanish Kumar Rai, Amardeep Soni Date of Judgment: 28.04.2025 Click Here To Read/Download The Order

Delhi State Commission Dismisses Allegations Of Medical Negligence Where Treatment Was As Per Standard Medical Protocol

Aakanksha Bajoria

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